The United States International Trade Commission (“ITC”) offers an alternative forum for owners of U.S. intellectual property rights to seek to block infringing products from the U.S. market. Specifically, 19 USC § 1337 (“Section 337”) authorizes the ITC to hear complaints brought by owners of U.S. patents, trademarks and copyrights against alleged infringing imports. ITC actions differ procedurally from U.S. district court actions, and the remedies available at the ITC also are different from those that can be obtained in district court actions. ITC actions also differ in that the Federal Rules of Civil Procedure and the Federal Rules of Evidence do not apply in ITC actions. Rather, ITC actions are governed by the Administrative Procedures Act.
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