Title 19, Section 1337 of the U.S. Code directs the United States International Trade Commission (“ITC”) to conduct investigations of unfair acts in the import trade and to remedy unfair trade act with orders excluding products from importation into the United States or sale in the United States. Section 337 investigations are typically inter parties proceedings involving alleged infringement of intellectual property rights.
At the start of a Section 337 case the Commission sends to each of the Complainants and Respondents a packet of materials explaining the mediation program. Each party is required to certify to the Commission that it has received the materials, reviewed the materials, and understands the materials. The details on Initiating Mediation, Selecting a Mediator, and Participating in a Mediation are explained in the ITC’s publications available at:
https://www.usitc.gov/intellectual_property/mediation.htm.
For Chinese language background on ITC mediation co-authored by Mr. Stevens please see
Appeals are made to the full ITC, an independent Federal agency comprised of six Commissioners appointed by the President and confirmed by the U.S. Senate. ITC remedial orders are immediately appealable to the President, who may disapprove of the determination on policy grounds. ITC final determinations are also
Section 337 cases are litigated pursuant to the formal adjudication provisions of the Administrative Procedure Act under the supervision of an ITC Administrative Law Judge, who presides over formal discovery and a trial according to rules and procedures akin to an IP case in Federal Court.
312-682-9470
appealable to Court of Appeals for the Federal Circuit. ITC exclusion orders are enforced by U.S. Customs and Border Protection of the Department of Homeland Security; ITC cease and desist orders are enforced by the ITC itself, which has authority to issue civil penalties for violation of a C&D order.
The ITC has a formal mediation program to encourage parties to a Section 337 investigation to settle the case in whole or in part. All Section 337 investigation are eligible for participation in the mediation program.
Mr. Stevens is well-positioned to mediate Section 337 cases – including discovery matters, pre- and post- Markman mediations, and enforcement disputes before the ITC and Customs -- in view of his decades of experience representing small and large, foreign and domestic, Complainants, Respondents, and third-parties in ITC cases.
IP/ITC 337 Mediation; ITC Roster Mediator
Find 337 Mediation Services
available at :
http://www.chinaipmagazine.com/journal-show.asp?id=852.
Kent R. Stevens
Attorney at Law & Mediator
J.D., M.P.A., LL.M.