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Keep up with the latest legal and industry insights, news, and events from MoFo Dan Muino and Charles Provine published this article entitled "Second bite at the cherry: Adjudicating redesigns after an ITC exclusion order" for World IP Review about the options available to parties impacted by exclusion orders issued by the US International Trade Commission (ITC), particularly in the context of adjudicating redesigned products.
Section 337 of the U.S. Tariff Act empowers the International Trade Commission (ITC or Commission) to block the importation into the United States of products that infringe U.S. intellectual property rights, including patents, copyrights, trademarks, and trade secrets. Under the ITC's pleading requirements, a Section 337 complaint filed at the ITC must "[d]escribe specific instances of alleged unlawful importations or sales." 19 CFR §210.12 (a)(3).
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