Goodwin Publishes International Trade Commission Guide on Litigating Section 337 Cases

NEW YORK--()--Goodwin, a leading Global 50 law firm, today announced the release of its guide, entitled “Litigating Section 337 Cases: Understanding The International Trade Commission,” providing an overview of Section 337, a common statute administered by the U.S. International Trade Commission (ITC) and designed to expeditiously combat unfair trade methods arising out of the importation of products made outside of the U.S.

Section 337 has evolved throughout the years to make it easier for intellectual property (IP) holders to assert their rights in the ITC. Goodwin’s guide serves as a tool to help companies navigate the complex landscape – exploring the unique legal and practical aspects of Section 337 and offering insights for litigating these important cases.

“With an increase in new innovations, we must ensure there are efficient and effective strategies in place to protect companies from IP theft, and to that end a keen understanding Section 337 is pivotal for entities arguing before the ITC,” said Marcia Sundeen, partner in Goodwin’s IP Litigation group. “This guide breaks down the key elements of Section 337 and shares what companies need to know when involved in these critical investigations.”

The guide features:

  • An Overview of Section 337 – Provides details on how ITC cases differ from litigation in the U.S. federal courts, including relevant statistics illustrating the popularity of the statute as well as its outcomes.
  • Elements of a Section 337 Violation – Focuses on the legal elements of Section 337, specifically around 1) an unfair act; 2) importation; 3) domestic industry; and 4) injury to the complainant, in those cases not involving alleged infringement of a patent, registered trademark, copyright or mask work. The section also discusses the legal aspects of exclusion orders, cease and desist orders and public interest considerations.
  • Practical Tips for Litigating Section 337 Actions – Discusses practical aspects of participating in Section 337 investigations and offers suggestions for both complainants and respondents.

The guide concludes with brief remarks on the future of Section 337, which will continue to be an important tool to combat infringing products and monetizing IP rights. The guide can be accessed online.

Goodwin’s Intellectual Property Litigation Practice has been named by Law360 as one of its “Practice Groups of the Year” for two consecutive years and recognized in the National Law Journal’s 2016 "Intellectual Property Hot List." Goodwin’s IP Practice has worked with clients to secure preliminary injunctions, declaratory and summary judgments, favorable results in Markman proceedings, advantageous settlements, victories at trial and appellate relief. Goodwin attorneys routinely work with clients to take cases from pre-suit investigations through discovery and trials. Goodwin’s ITC team has substantial knowledge of complex investigations under Section 337. To learn more about Goodwin’s ITC Practice, please go to

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Somna Maraj, +1 212-459-7212


Somna Maraj, +1 212-459-7212