Non-Patent ITC Section 337 Investigations

Directors Robert Niemeier and Daniel Yonan explore the scope of Section 337 investigations by the U.S. International Trade Commission (ITC) beyond patent infringement. While most Section 337 cases involve patents, this note highlights the broader applicability of the statute to non-patent intellectual property (IP) rights, such as trademarks, copyrights, and trade secrets. It also covers other causes of action like false advertising, antitrust violations, and unfair competition claims. Section 337 allows complainants to address unfair practices by international actors importing products into the U.S., offering a powerful tool to protect domestic industries. The note emphasizes the importance of proving domestic industry and injury requirements for non-patent claims, and discusses the strategic advantages of using Section 337 for swift and effective enforcement against foreign entities. Additionally, it touches on the potential for novel claims under the statute, including contract and regulatory violations, and the importance of thorough pre-suit investigations to substantiate allegations. Overall, the note explores how Section 337 provides a versatile mechanism for safeguarding U.S. industries from unfair competition in international trade.