31 Oct 2023
Attorney on Staff—Working with the ITC Staff Attorney
A Section 337 investigation includes not only a complainant and respondent, but a third party—the Office of Unfair Import Investigations (OUII)—that represents the interests of the public. The OUII is typically represented by one staff attorney, who is involved in nearly all aspects of an investigation, including fact and expert discovery, briefing related to discovery disputes, Markman briefing, fact and expert witness depositions, pre- and post-hearing briefing, opening statements at trial, and examination of trial witnesses. Dive into this practice note to explore the role of the OUII and staff attorney.
Related Content
- ITC Section 337 Investigations: Prehearing Resolutions
Review ways to resolve an investigation at the International Trade Commission (ITC) before the evidentiary hearing, including key procedural and content requirements, preliminary considerations, and potential risks and benefits for the following types of resolution: Motions to Terminate, Withdrawal of the Complaint Default, and Motions for Summary Determination.
- ITC Section 337 Investigations in Patent Infringement: Pre-suit Considerations
Read this practice note for patent owners who are considering the ITC as a forum, addressing: (1) the legal and practical considerations that should inform a patent owner's decision to initiate a Section 337 investigation, (2) how to conduct a pre-suit investigation for a Section 337 action (including identifying potential respondents, evaluating which patents and theories of infringement to assert, and gathering evidence of importation and domestic industry), and (3) preparing a Section 337 complaint for patent infringement.
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