Recent Trend Marks Increase in Section 337 Patent Investigations Targeting Asian Companies

March 24, 2006

Under Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) (the "Act"), the U.S. International Trade Commission (the "Commission") investigates allegations of unfair trade practices occurring in import trade. The actions proceed very quickly and offer unique remedies. These investigations have become more frequent in recent years and increasingly have targeted Asian companies. Chinese companies, for example, were subjected to Section 337 investigations 22 times between 2001 and 2005. In order to increase their success in Section 337 actions, it is important that businesses from China and other Asian countries be familiar with such investigations. This e-Alert will outline the procedure involved in Section 337 investigations, the remedies that may be sought under the Act, and a sampling of recent cases taken on by the Commission against Asian companies.

For any additional questions about this e-Alert, please contact Yabo Lin at (816) 460-2553, or by e-mail at ylin@sonnenschein.com.

Click here to read the e-Alert.

These materials should not be considered as, or as a substitute for, legal advice and they are not intended to nor do they create an attorney-client relationship. Because the materials included here are general, they may not apply to your individual legal or factual circumstances. You should not take (or refrain from taking) any action based on the information you obtain from this document without first obtaining professional counsel and you should not send us confidential information without first speaking to one of our attorneys and receiving explicit authorization to do so.

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