While the overwhelming majority of Section 337 investigations at the U.S. International Trade Commission involve patent infringement claims, the ITC is empowered to prohibit an extremely broad set of unfair trade practices and unfair methods of competition. In fact, courts have noted that Section 337 is “broad enough to prevent every type and form of unfair practice” associated with the importation of goods into the United States. On this episode of Talkin’ Trade, Ropes & Gray IP litigators Matt Rizzolo, Cassandra Roth, Matt Shapiro, and Brendan McLaughlin discuss the wide variety of claims that may be brought under this subsection of the statute and address some unique aspects of how the ITC adjudicates them.
Transcript:
Matt Rizzolo: Welcome back to Talkin’ Trade, a podcast where we explore the ins and outs of Section 337 investigations at the U.S. International Trade Commission. I’m Matt Rizzolo, and with me today are my fellow Ropes & Gray IP attorneys Matt Shapiro, Brendan McLaughlin, and—making her Talkin’ Trade debut—Cassandra Roth. Glad to have everyone here.
In the last 15 years, the ITC has become an increasingly important forum for patent litigation, and a popular choice for many patent owners. However, the ITC is not merely a patent litigation forum—as Commissioners and ALJs are quick to remind folks, it is a trade forum. On this episode, we’re going to spend some time talking about the variety of so-called “non-statutory claims” that can be brought...
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