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what we do / Section 337 Investigations

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At Tucker Ellis, our experienced intellectual property team has a track record of successfully—and cost effectively—litigating U.S. International Trade Commission investigations. Under Section 337 of the Tariff Act of 1930, the ITC investigates allegations by a private party of certain unfair trade practices in the importation of goods. Most Section 337 investigations involve allegations of patent or trademark infringement, though other forms of unfair competition and intellectual property infringement can be asserted as well. Section 337 investigations are substantively similar in many ways to district court litigation; however, they occur in a notoriously fast-paced and high-stakes arena. Although damages are not available in these proceedings, the ITC can restrict importation into the United States of goods that are found infringing and issue a cease and desist order preventing the sale of goods already imported. Both of these actions can result in significant losses, business disruption, and damage to customer relationships.

We know how to navigate these complex proceedings to maximize results while minimizing client expenses, and we work well within joint defense groups where appropriate to further reduce expenses. Whether our clients’ goals are to prevent others from importing goods that infringe their rights or to protect them against a claim of infringement, our experienced team of attorneys works hard to achieve the best possible results for each client.

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