Public Interest Considerations In Section 337 Investigations

Administered by the International Trade Commission (Commission), Section 337 of the Tariff Act of 1930¹ provides relief to U.S. industries from unfair or injurious competition involving imported goods.² A number of recent cases and Commission decisions have highlighted the significance of increasing attention to an important consideration in Section 337 proceedings: questions of public interest when the Commission is assessing whether to issue exclusionary orders in patent disputes.

For example, if the patented technology is important to items like pulse oximeters in smart watches, or potentially life-saving CPAP machines for people with respiratory issues, is the assessment of an exclusion to the patent in a Section 337 proceeding different? If so, how? Similar questions arise with respect to cases involving standard