Rapid Response by the Respondent: The Key to Successfully Defending a Section 337 Case at the U.S. International Trade Commission

摘要

This article examines successful defense against a proceeding at the U.S. International Trade Commission ("TIC") under section 337 of the Tariff Act. The principal recommended strategy is decisiveness: a speedy reaction at the inception of the proceeding facilitates a determination on the merits, rather than one resulting from the advantages possessed by a prepared complainant. In examining a successful defense the article provides an overview of section 337 proceedings suitable for a sophisticated consumer of legal services who is otherwise unfamiliar with TIC litigation.