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ARTICLE · 10 MAY 2023

ITC Spotlight – April 2023 Edition

Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed LLP
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Hughes Hubbard & Reed LLP

Hughes Hubbard & Reed LLP

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The U.S. International Trade Commission ("ITC") is an independent, nonpartisan, quasi-judicial federal agency created by statute whose essential purpose is to stop imports of goods...

United StatesIntellectual Property
Andrew R. Kopsidas
Andrew R. Kopsidas
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The International Trade Commission: An Underutilized Forum

April 27, 2023 - The U.S. International Trade Commission ("ITC") is an independent, nonpartisan, quasi-judicial federal agency created by statute whose essential purpose is to stop imports of goods into the U.S. that are manufactured through unfair methods of competition. It is best known as a high-stakes, fast-paced court where companies go to fight patent infringement cases; but its authority and usefulness to investigate "unfair methods of competition" are far broader.

Advantages of the ITC

Litigants choose the ITC for a variety of reasons. It offers a speedy and predictable schedule—on average, cases go to trial within nine months and the Commission issues its final decision within 16 months. The Commission's jurisdiction is in rem (over the product), not in personam (over the person), which makes it an ideal forum for suing foreign-based competitors who cannot be dragged into federal or state

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