Understanding the U.S. International Trade Commission (ITC): Strategies for Enforcement Actions Against Infringing Imports as Well as Avoiding Litigation

Sterne Kessler’s Paul Ainsworth spoke during the “Understanding the U.S. International Trade Commission (ITC): Strategies for Enforcement Actions Against Infringing Imports as Well as Avoiding Litigation” event hosted by the Hon. William C. Conner Inn of Court.

Overview

Understanding how to effectively leverage the U.S. International Trade Commission (ITC) is critical–whether the goal is to avoid litigation or to pursue enforcement action against infringing imports. Panelists provided a comprehensive overview of navigating Section 337 investigations, including both offensive and defensive strategies for companies facing or considering ITC litigation.

Topics Included:

• Key differences between the ITC and other litigation forums;
• The advantages of using the ITC as a complainant, including access to injunctive relief;
• Strategies to reduce the risk of being sued at the ITC, particularly when products are manufactured overseas and imported into the United States;
• How manufacturing and assembly locations impact ITC exposure; and
• How to ensure enforcement of the Commission’s exclusion orders.