Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

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Michael G. McManus, Rodney R. Sweetland, III

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This handbook is designed to show that Section 337 investigations are an underutilized tool that should be in every IP practitioner’s toolkit.

Section 337 of the Tariff Act of 1930 prohibits unfair competition related to the importation of products into the United States that infringe valid U.S. patents, copyrights,  trademarks or embody a misappropriated trade secret. The United States International Trade Commission (ITC) is a federal agency that provides trade expertise to the government and oversees Section 337 investigations and proceedings.

This timely handbook offers a guide to the intricacies of Section 337 procedure and demystifies the ITC as a legal venue in an effort to help practitioners select the optimal forum for their clients’ cases. Both authors are seasoned attorneys who practice Section 337 litigation before the ITC, U.S. district courts and circuit courts of appeals, bringing a wealth of experience and guidance to the reader.

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  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Page Count: 462
  • ISBN: 978-1-58852-377-8
  • Pub#/SKU#: 730
  • Volume(s): 1

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  • Michael G. McManus
Michael G. McManus is co-chair of Duane Morris’ ITC Section 337 Litigation Practice Group. He focuses his practice on patent-based Section 337 litigation before the ITC, along with patent-infringement litigation in federal district courts. He has been active in handling Section 337 investigations since 2001. Mr. McManus has also represented clients in administrative proceedings before U.S. Customs and Border Protection (CBP) concerning tariff classification, NAFTA, ITC exclusion orders and related matters.

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  • Rodney R. Sweetland, III
Rodney R. Sweetland, III is co-chair of Duane Morris’ ITC Section 337 Litigation Practice Group and a partner in its Washington, D.C., office. Mr. Sweetland focuses his practice in the areas 
of Section 337 litigation before the U.S. International Trade Commission, and intellectual property and unfair trade practices litigation before U.S. district courts and circuit courts of appeal, as well as trade secrets and complex commercial litigation in all forums.