Government Contracting
Preinstitution Submissions May Limit Certain ITC Probes
Any complainant filing a complaint under Section 337 of the Administrative Procedure Act with the U.S. International Trade Commission is aware of the expedited nature of Section 337 investigations. From the start, proposed respondents are at a disadvantage because the complainant has had the opportunity to prepare its case and fashion a complaint that will guide the commission in defining the scope of the investigation.
In recent years, however, rule changes, commission determinations and decisions by the U.S. Court of Appeals for the Federal Circuit have given proposed respondents, if they act quickly, the opportunity to impact or limit the scope of the investigation or block its institution entirely.
Click here to read the full Law360 article written by Michael Doane.
