Considering The Section 337 Option To Enforce Your IP Rights

There are two primary venues for U.S. patent holders to pursue infringement claims: federal district court or a Section 337 hearing before the U.S. International Trade Commission. The ITC hearing is available only when the product at issue is imported and it can be demonstrated that a relevant domestic industry exists or is being established. Beyond that, there are a number of significant differences that weigh for and against, in any comparison between the two forums. The 337 hearing, for example, will almost certainly be faster, and its potential remedy includes an exclusion and a cease-and-desist order. But it does not include monetary damages. Daniel Yonan of the law firm Sterne, Kessler, Goldstein & Fox looks at the different sets of ground rules and potential outcomes, in a Q&A that goes into detail about Section 337 patent disputes and explains why many companies – including importers – need to monitor developments at the ITC carefully.