An Economic Framework For Assessing Public Interest Harm In ITC Exclusion Orders

Violating intellectual property rights (IPRs) can have consequences that extend far beyond the disputing parties, affecting consumers, disrupting supply chains, and fundamentally altering competitive forces. Although courts typically adjudicate these disputes in the United States and internationally, plaintiffs often seek relief from the US' independent, nonpartisan federal International Trade Commission (ITC) agency by requesting an unfair import (or Section 337) investigation. The ITC typically issues exclusion orders, restricting an infringing party from importing products but not compensating for any economic injuries suffered, which are particularly attractive to plaintiffs because an ITC ruling tends to be faster than a court ruling.