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ARTICLE · 29 APRIL 2024

USITC Commissioner Series: Top Dissenting Issues

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Following my colleagues' efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. International Trade Commission (USITC)...

United StatesIntellectual Property
Don Wang
Don Wang
Brian P. Johnson
Brian P. Johnson
Ian Swan
Ian Swan
Ramya Auroprem
Ramya Auroprem

This is part three of our USITC Commissioner Series.

Read part one here and part two here.

Following my colleagues' efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. International Trade Commission (USITC) – specifically the "hot" issues that drew the most dissents in the past 10 years.

In terms of broad categories, the data our team gathered (visualized below) shows that issues relating to remedial orders drew the vast majority (61%) of the dissents/concurrences, followed distantly by the economic prong of the domestic industry (DI) requirement (24%). Patent merits issues (e.g., patent infringement, invalidity, and the technical prong of DI) made up only 12% of the dissents/concurrences, with the remaining 4% evenly split between importation issues and procedural issues.

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