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How to “Fix” Section 337 and the ITC
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Over the past few decades, the ITC has become increasingly focused on intellectual property—and specifically patent—disputes between domestic companies. According to some legislators and commentators, this shift has led the application of Section 337 astray from its original intent: adjudicating unfair trade practices in the importation of goods from foreign countries. Thus, over the past decade, there have been a number of proposed tweaks to Section 337, or the ITC more generally, to address issues like alleged non-practicing entity abuse of the ITC or alleged unfair trade practices implemented by China, such as forced technology transfer. In this episode of Talkin’ Trade, Ropes & Gray IP litigators Matt Rizzolo, Matt Shapiro, Brendan McLaughlin, and Nancy Attalla discuss some of the recent proposals and how they would change Section 337 practice.
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