Recent Trends Underscoring International Trade Commission Review of Initial Determinations and Federal Circuit Appeals from Final Commission Determinations Under Section 337 of the Tariff Act of 1930

64 Pages Posted: 23 Aug 2010 Last revised: 25 Aug 2010

Date Written: 2007

Abstract

This article focuses upon the underlying substantive issues prompting the International Trade Commission to review Initial Determinations issued by the presiding administrative law judge in recently concluded section 337 proceedings over the past decade through 2007. It explores the history of section 337, from its descent into disuse to its recent reinvigoration. Acquainting the reader with the procedural elements that comprise section 337 proceedings, it discusses various issues that have arisen in trade secret, trademark, and patent investigations, and it assesses the extent to which the Federal Circuit has reviewed the Commission’s final determinations on appeal. Additionally, the article discusses the implications of International Trade Commission and Federal Circuit review in an effort to provide recommendations to prospective litigants.

Keywords: International Trade, Section 337, Trade Secret, Trademark, Patent, Federal Circuit, Appellate Review

Suggested Citation

Caplen, Robert A., Recent Trends Underscoring International Trade Commission Review of Initial Determinations and Federal Circuit Appeals from Final Commission Determinations Under Section 337 of the Tariff Act of 1930 (2007). Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 17, No. 2, pp. 337-400, 2007, Available at SSRN: https://ssrn.com/abstract=1662018

Robert A. Caplen (Contact Author)

Hunton & Williams LLP ( email )

United States
202-955-1677 (Phone)

HOME PAGE: http://https://www.hunton.com/en/people/robert-caplen.html

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