ITC's Section 337 Proceedings Pique Congressional
Interest
The U.S. House, Senate and even a lone congressman are
investigating changes to the U.S. International Trade
Commission's (ITC) Section 3371 proceedings.
The U.S. House Judiciary Committee held a hearing on July 18,
2012, titled "The International Trade Commission and Patent
Disputes." General counsels from leading U.S. companies and an
academic provided testimony on what impact, if any, non-practicing
entities (NPEs) were having on the ITC's docket and the cost to
U.S. companies of defending against NPE suits at the ITC. While the
statistics on NPE suits at the ITC vary based on the definition of
an NPE and the time period employed,2 NPE filings have
significantly increased since the eBay3
decision requiring district courts to employ a four-part balancing
test before imposing an injunction on a defendant found liable for
infringement.4 Statements by the committee members were
universally sympathetic to
