1988 Amendments

New ITC Patent Investigation Exemplifies All That is Wrong With Section 337

The ITC’s patent powers do not exist so foreign licensing companies can bypass courts and extract settlements through the threat of trade action against American products. But that’s just what’s happening in Data Transmission Devices (Inv. 1150).

Year in Review 2018: Domestic Licensing Disputes

A look at the ITC's docket in 2018 shows how Section 337’s domestic industry requirement regularly fails to fulfill its legislative purpose.

What Does the ITC’s Domestic Industry Test Really Do?

Congress wanted Section 337 to be utilized on behalf of U.S. industries involved in trade disputes, but the ITC often adjudicates patent licensing disputes that have nothing to do with cross-border trade and issues remedies against domestic industries.