ITC Section 337 Investigations: Patent Infringement Claims

A Practice Note describing Section 337 investigations involving intellectual property infringement before the International Trade Commission (ITC), focusing on patent infringement claims. It outlines the basic steps of an ITC Section 337 investigation and the substantive and procedural ways it differs from typical district court patent infringement litigation, including key differences in timing. It also provides an overview of the general steps from pre-filing analysis through post-hearing briefing.

H. Mark Lyon, Gibson, Dunn & Crutcher LLP and Sarah E. Piepmeier, Kirkland & Ellis LLP


 

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