Four Pitfalls To Avoid When Seeking To Terminate A Section 337 Investigation By Consent Order

A survey of decisions at the International Trade Commission ("ITC") reveals several pitfalls practitioners should seek to avoid when drafting consent orders and stipulations to terminate a Section 337 investigation. In general, parties should take great care in preparing motions for termination based on consent orders. This is an area where even slight deviations from the numerous requirements of the ITC's Rules regarding the contents of the motion, the stipulation, and the proposed consent order often result in rejection by the ALJ or the Commission, requiring re-drafting and re-execution of the necessary papers to effect termination even when there is no opposition to the motion by the litigants.