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The Basics of Litigation at the International Trade Commission

Thursday, August 13, 2020

The International Trade Commission (ITC) can be a preferred forum for intellectual property cases. Investigations at the ITC are often resolved more quickly than cases in federal district court. The ITC has jurisdiction over products imported into the United States and thus can assert jurisdiction over foreign corporations without going through the Hague Convention’s service of process.

This program featured a discussion on the basics of litigation at the ITC and the differences between the ITC and federal district court. The program also reviewed the specific requirements that complainants must prove in an ITC case, including the showing that the respondents import the accused products, that complainants have a domestic industry (i.e., that complainants make significant and/or substantial investments in an industry in the United States and practice the asserted intellectual property), and the injury requirement for nonstatutory intellectual property claims.