In a recent IAM article on the latest developments in a trade secrets dispute between software company Zync and automotive manufacturer BMW, Knobbe Martens’ ITC Litigation Practice Co-Chair Sheila Swaroop commented on how the case could impact future Section 337 investigations before the International Trade Commission (ITC).
In September, the ITC elected to review the decision of an Administrative Law Judge (ALJ) to terminate the Section 337 investigation between the two companies, citing a forum selection clause in the parties’ contracts. Commenting on the ITC’s decision to review the ALJ’s termination, Swaroop highlighted that the Commission raised several questions related to broader policy issues, including the agency’s mandate to protect American industries against unfair trade practices.
Swaroop also emphasized how the Commission’s analysis of the forum selection clause in this case could bear weight on future Section 337 investigations, including “whether forum selection clauses can limit the ability of parties to participate in administrative proceedings.”
Read Swaroop’s full comments in the IAM article, “BMW-Zync ITC Trade Secret Case Review Tests Forum Selection Clause Limitations” [subscription required].
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