Why the ITC is the Popular Choice for Patent Enforcement
Last year, 2011, was a blockbuster year for intellectual
property (IP) disputes at the United States International Trade
Commission (ITC). There were approximately 70 patent cases in 2011.
So far, 2012 shows no signs of slowing with just over 30
investigations being instituted by the ITC. The current crop of
investigations focus mainly on patent infringement actions, but
have regularly involved trademark, copyright and trade secret
disputes. Further, the technology at issue covers numerous areas,
including smartphones, semiconductors, software, mechanical
components, and medical and dental devices.
The ITC's 337 Action
The ITC is a governmental agency based in Washington, DC which
enforces Section 337(a)(1)(B) of the Tariff Act of 1930 (19 U.S.C.
§1337(a)(1)(B)(1994)). Often, the investigation is referred to
as a "337 action". The ITC is further concerned with
protecting a complainant's domestic industry in
