Talkin’ Trade: Recent Episodes
Ropes & Gray LLP
A Ropes & Gray (RopesTalk) podcast series, focused on the world of unfair import investigations at the U.S. International Trade Commission (ITC).
Section 337 investigations at the U.S. International Trade Commission are known for their speed. But in recent years, the ITC has introduced multiple avenues designed to resolve some of these cases even more quickly—including just a few months after institution. On this episode of Ropes & Gray’s ITC-focused podcast series, Talkin’ Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Brendan McLaughlin are joined by summer associate Ava Kamb to examine the development and history of the ITC’s so-called “100-day program,” as well as the more recent interim initial determination pilot program. They discuss the purpose and motivations behind these early disposition proceedings, the mechanics of how they are invoked and progress to a resolution, and consider whether these programs have lived up to expectations.
While the overwhelming majority of Section 337 investigations at the U.S. International Trade Commission involve patent infringement claims, the ITC is empowered to prohibit an extremely broad set of unfair trade practices and unfair methods of competition. In fact, courts have noted that Section 337 is “broad enough to prevent every type and form of unfair practice” associated with the importation of goods into the United States. On this episode of Talkin’ Trade, Ropes & Gray IP litigators Matt Rizzolo, Cassandra Roth, Matt Shapiro, and Brendan McLaughlin discuss the wide variety of claims that may be brought under this subsection of the statute and address some unique aspects of how the ITC adjudicates them.
In many cases, ITC investigations are not stand-alone proceedings—Section 337 complaints are often accompanied by complaints filed in federal district court. These parallel complaints often are based upon the very same unfair acts underlying the alleged Section 337 violation, such as patent infringement, trademark infringement, or trade secret misappropriation. In this episode of Talkin’ Trade, Ropes & Gray IP litigators Matt Rizzolo, Matt Shapiro, Brendan McLaughlin, and Meredith Foor explore the issues created by such parallel complaints, including the potential for litigation on two fronts and the possible preclusive effect—or lack thereof—of Commission determinations.