Welcome to the latest issue of the Section 337 Update. This
newsletter is designed to provide you with practical updates and
developments on Section 337 proceedings before the US International
Trade Commission.
Section 337 investigations at the US International Trade
Commission (ITC or Commission) almost always involve at least some
non-US-based companies. Because the ITC exercises in rem
jurisdiction over accused imports, complainants can effectively
reach many foreign manufacturers and distributors that otherwise
might be beyond the personal jurisdiction of a US federal district
court. The ITC's in rem jurisdiction also makes it easier to
take discovery of foreign respondents which are required to
cooperate in Section 337 investigations or risk serious adverse
consequences. In addition, approximately 30% of complainants at the
ITC are foreign entities. Foreign companies with US manufacturing
facilities, as well as companies whose operations are not primarily
based
