Cross-Border Discovery At The ITC

Litigants in Section 337 investigations at the International Trade Commission ("ITC") can seek discovery from foreign third parties by means of either (1) Hague letters of request, or (2) letters rogatory. These highly similar mechanisms permit a party to request judicial assistance from foreign courts to obtain documents or deposition testimony from foreign third parties that decline to provide the information voluntarily.

Because these procedures can take considerable time to complete and the timeframe for ITC discovery is relatively short, parties should be prepared to commence foreign discovery as early as possible in the investigation. This article provides some practical information regarding the use of Hague letters of request and letters rogatory as part of discovery in an ITC investigation.