The U.S. International Trade Commission looks set for a busy year of Section 337 litigation, with sixteen private party complaints already filed since October 1 (the beginning of the ITC’s fiscal year). The ITC’s authority under 19 U.S.C. § 1337 to direct that U.S. Customs bar products found by the ITC to infringe U.S. intellectual property rights from entering the U.S. undoubtedly continues to draw companies to this forum.
Complainants in the recently-filed cases are seeking remedies against a diverse array of products, including: RF-integrated circuits, RF-identification products, laser-driven light sources, chassis parts, woven textiles, computer cables, aquarium fittings, wearable activity tracking devices, automated teller machines, air mattress systems, height-adjustable desk platforms, blood cholesterol test strips, radiotherapy systems and treatment planning software, document cameras, and silicon-on-insulator wafers. The accused products are allegedly imported from many different countries, including France, China, Sweden, Canada, and Korea.
In addition to adding to the ITC’s burgeoning docket, the newly-filed Section 337 cases may provide an early indication of trends for 2016 in the ever-changing intellectual property litigation landscape.