In a recent IAM article, “Full US ITC bench could bring greater scrutiny and steadier precedent” Sheila Swaroop, co-chair of Knobbe Martens’ International Trade Commission Litigation practice, discussed how a newly reconstituted U.S. International Trade Commission may affect Section 337 investigations and the development of ITC precedent.
The article considers what the arrival of several new commissioners, and a full six-member commission, could mean for companies enforcing IP rights or defending against exclusionary remedies at the ITC. Swaroop observed that a larger commission may make differences among individual commissioners more visible. As she noted, “there could be a lot more dissents or people issuing separate opinions” on issues such as domestic industry and remedies. While those opinions may not carry the same weight as a court dissent, she observed, they can provide insight into how individual commissioners approach key issues that frequently arise in Section 337 investigations.
Swaroop also noted in the article that parties may see more questions from the Commission during the review process. With more commissioners examining the record, additional requests for briefing could offer valuable clues about the issues drawing particular attention, helping practitioners better understand commissioners’ concerns. She further observed that the domestic industry requirement will be an important area to watch as the new commissioners begin issuing decisions.
View the full IAM article, Full US ITC Bench Could Bring Greater Scrutiny and Steadier Precedent (subscription required).
For additional analysis of what the newly confirmed commissioners may mean for Section 337 litigants, see Knobbe Martens’ recent client alert, How Section 337 Litigants Can Prepare for the Newly Confirmed ITC.
Subscribe for News and Updates
