By Tom Fisher
The John Marshall Review of Intellectual Property Law has recently published an issue of its law review devoted entirely to section 337 litigation at the ITC.

The issue is entitled “A Written Symposium on Litigation Before the International Trade Commission,” and features six articles, including an article written by ALJ Carl C. Charneski.  ALJ Charneski’s article provides an overview of the Office of the Administrative Law Judges within the ITC, and provides his comments on various procedural issues that arise in section 337 proceedings from the issuance of a Notice of Investigation to the Commission’s decision whether to review the ALJ’s initial determination.

The second article addresses the two unique statutory criteria that a complainant must satisfy to seek relief in a section 337 proceeding – importation and domestic industry.  The third article discusses a common misperception that the enforcement of ITC remedial orders is automatic or self-implementing.  The fourth article discusses how recent ITC decisions have clarified the state of the law for gray market trademark infringement at the ITC.  The fifth article addresses the value, relevance, and role that the ITC has in the modern United States patent law system.  The sixth article offers advice on how to minimize the risk of violating Commission orders and avoid section 337 infringement when importing “new and improved” or redesigned products into the U.S. 

This issue of the John Marshall Review of Intellectual Property Law can be viewed by visiting http://www.jmripl.com.