Government Contracting

Most cases before the US International Trade Commission (ITC or Commission) under Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) concern infringement of US patents. However, the ITC investigates many other forms of unfair competition under its Section 337 authority. Although all Section 337 complainants must demonstrate one or more imported goods, an industry in the US (a US or domestic industry), and an unfair act, complainants asserting causes of action other than federal intellectual property (IP) infringement may also need to establish a less-understood, fourth element: an actual or threatened injury to the US industry.

This Note discusses how to:

• Identify the circumstances requiring proof of injury.
• Comply with the pleading requirements for non-federal IP causes of action.
• Prove the required elements of an actual or threatened injury to a US industry and a nexus between that injury and the alleged unfair act.

Click here to read the full Practical Law Note written by Michael Doane.