ITC Section 337 Investigations: Filing a Complaint Checklist | Practical Law

ITC Section 337 Investigations: Filing a Complaint Checklist | Practical Law

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ITC Section 337 Investigations: Filing a Complaint Checklist

Practical Law Checklist 8-568-3205 (Approx. 12 pages)

ITC Section 337 Investigations: Filing a Complaint Checklist

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Checklist of issues that a patent owner's counsel should consider when drafting and filing a Section 337 patent infringement complaint with the US International Trade Commission (ITC). It describes key drafting considerations for the various parts of the complaint, including the caption, the preliminary statement, and the infringement, domestic industry, and requested relief sections. It also discusses drafting and preparing the other documents required to initiate a Section 337 investigation, including the public interest statement and claim charts.
In response to the COVID-19 outbreak, the ITC has temporarily waived all paper and other physical media filing requirements, amended other rules to implement electronic document service, and authorized remote hearings at the presiding ALJ's discretion. For more information, see Temporary Change to Filing Procedures, 85 Fed. Reg. 15798 (Mar. 19, 2020) (Notice) and USITC: Frequently Asked Questions: Section 337 Investigations – COVID-19-Related Questions.