Section 337 is a trade remedy that exists on top of the remedies available under the patent law, and it is not only acceptable but desirable for the ITC to limit exclusion orders that could harm other interests, whether that's life saving medical research or general economic welfare.
A look at the ITC's docket in 2018 shows how Section 337’s domestic industry requirement regularly fails to fulfill its legislative purpose.
Arguments about how to apply the public interest factors in Mobile Electronic Devices (Inv. 1065) aren’t just about iPhones or 5G or national security. They’re also part of a larger debate over the proper role of injunctive relief as a remedy for patent infringement.
A look at the ITC’s docket in 2018 shows very clearly that the trade agency’s patent powers are very rarely being used to protect domestic industries from shady foreign pirates. The agency’s broad jurisdiction under Section 337 mostly just enables forum shopping, excessive remedies and abusive litigation—all while undermining the power of constitutional courts.