There are two types of remedial orders that the ITC can issue in a Section 337 investigation: exclusion orders and cease-and-desist orders.Īn exclusion order prohibits the importation of violative articles into the U.S., and a cease-and-desist order prohibits unfair activity associated with violative articles that were imported prior to the effective date of an exclusion order.īoth types of orders are meant to stop the unfair acts for which a violation of Section 337 was found. This article explores the scope of such remedial orders and the options available when confronted with a remedial order. For example, in 2020, a record 35 Section 337 investigations were completed on the merits, and 2022 is on pace to break this record. Over the past few years, the number of Section 337 investigations that have reached a final determination on the merits has risen significantly. While much of the commentary on Section 337 investigations is directed to issues relevant to whether a violation has occurred - e.g., infringement, invalidity, domestic industry - it is becoming increasingly important for companies and attorneys to be knowledgeable about the remedies available in Section 337 investigations. International Trade Commission will issue a final determination that determines: (1) whether a violation of Section 337 has occurred, and (2) if so, the appropriate remedy. It is republished here with permission.Īt the end of an investigation under Title 19 of the U.S. This article originally appeared in Law360 on July 26, 2022.
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