March 26, 2019

March 26, 2019

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March 25, 2019

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International Trade Commission (ITC) Pilot Program Promotes Early Disposition of Investigations

Recent years have seen a surge in the number of investigations before the United States International Trade Commission (ITC), owing to the promise of speedy resolution combined with the leverage that accompanies the threat of an exclusion order.  With the increased volume of investigations have come calls for the ITC to streamline the process of an investigation.  In June 2013, the ITC announced one such effort, a pilot program for early adjudication of certain potentially-dispositive issues.

Specifically, for investigations in the program, the ITC will expedite initial determinations on threshold grounds, such as:

(A) domestic industry (19 U.S.C. § 1337(a)(3));
(B) importation (19 U.S.C. § 1337(a)(1)(A)); and
(C) standing.

In so doing, the ITC seeks to save the parties the time and expense of full discovery and litigation of the investigation in its entirety where the case turns on such a dispositive issue.

The firm’s alert on the pilot program, International Trade Commission Takes Steps to Promote Early Adjudication of Dispositive Issues, provides a greater level of detail.

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About this Author

Robert J. Moore, Mintz Levin Law Firm, Associate, Intellectual Property, Patent

Rob practices in the area of patent litigation, both in International Trade Commission Section 337 investigations and in the Federal District Courts.

In addition, Rob is experienced in complex litigation, products liability, and criminal and appellate law.  As a member of the Massachusetts Committee for Public Counsel Services, Post-Conviction Relief Panel, he represents indigent defendants on appeal. After law school, he clerked for Hon. Fernande Duffly, then of the Massachusetts Appeals Court.  He has represented Fortune 500 companies in class actions, toxic torts, and products...