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Archived updates for Tuesday, August 31, 2004

The Section 337 "Weapon"

According to an article by William A. Zeitler in Martindale.com, entitled Section 337 is an Effective Weapon to Combat Imports that Infringe your IP Rights, "a key feature of 19 U.S.C. § 1337 is the U.S. International Trade Commission's authority to issue [a "general" exlcusion] order excluding entry of infringing products into the United States. Being in rem, such an order applies to the product, not the infringer [in order to] exclude infringing products from all sources and countries." He also writes that "Over one-half of Section 337 investigations are resolved by licensing agreements or by consent" and that "very few ITC Section 337 determinations have been reversed by the United States Court of Appeals for the Federal Circuit, the ITC's reviewing court."

Click here for more information on "Unfair Import Investigations Before the U.S. International Trade Commission."
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