A Lawyer's Guide to Section 337 Investigations Before the U.S. International Trade Commission


Book Description

The guide provides analysis and explanation of participants in Section 337 investigations and discusses the unique role played by the ITC. It also focuses on the procedural rules of a Section 337 investigation, including complaint preparation, the discovery process, pre-hearing procedures, the hearing and post-hearing processes and remedies available to a successful complainant. Other topics addressed include enforcement of a violation ruling, parallel litigation and appellate court review of an ITC decision.










Section 337 Investigations


Book Description

This handbook is designed to show that Section 337 investigations are an underutilized tool that should be in every IP practitioner's toolkit. Section 337 of the Tariff Act of 1930 prohibits unfair competition related to the importation of products into the United States that infringe valid U.S. patents, copyrights, trademarks or embody a misappropriated trade secret. The United States International Trade Commission (ITC) is a federal agency that provides trade expertise to the government and oversees Section 337 investigations and proceedings. This timely handbook offers a guide to the intricacies of Section 337 procedure and demystifies the ITC as a legal venue in an effort to help practitioners select the optimal forum for their clients' cases. Both authors are seasoned attorneys who practice Section 337 litigation before the ITC, U.S. district courts and circuit courts of appeals, bringing a wealth of experience and guidance to the reader.




Section 337 Patent Investigation Management Guide


Book Description

The U.S. International Trade Commission has emerged as one of the most salient patent enforcement venues in the United States. Its fast-track procedures - typically producing determinations within 12 to 16 months of initiation of an investigation - and potent exclusion remedy have brought the ITC to center stage in patent enforcement over the past several years. The ITC now conducts more full patent adjudications on an annual basis than any district court in the nation. The ITC's six Section 337 administrative law judges (ALJs) focus almost exclusively upon patent investigations, making the ITC the only specialized trial-level patent adjudication forum in the nation. Given the importance of international trade to high technology markets, the ability to exclude goods at the border provides a valuable strategic option for a growing number of patent owners. This guide, modeled after the Patent Case Management Judicial Guide, provides comprehensive analysis of the management of Section 337 investigations.




Strengthening Forensic Science in the United States


Book Description

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.













Importing Into the United States


Book Description

Explains process of importing goods into the U.S., including informed compliance, invoices, duty assessments, classification and value, marking requirements, etc.