Section 337 of the Tariff Act of 1930 addresses unfair acts involving goods imported into the United States. A typical Section 337 investigation is a patent infringement action brought by a U.S. patent holder against foreign-manufactured goods in which a complainant must prove that it has a domestic industry with respect to the patent in order to be entitled to relief. Technically, the ITC's jurisdiction is over the products, but foreign manufacturers and the domestic importers and sales companies are joined as respondents in the investigation. It is a powerful remedy for U.S. intellectual property rights holders faced with infringing imports or other companies facing unfair competition involving imported goods. A successful Section 337 action results in the goods being excluded from the United States by the U.S. Customs, a unique remedy not available in any federal or state court. The powerful remedy provided by Section 337 is a formidable problem for the foreign manufacturers who risk losing their U.S. sales, and for domestic importers and sellers, who risk a disruption of their supply of goods.

Powell Goldstein lawyers have substantial experience in successfully representing both complainants and respondents in Section 337 investigations. Our Section 337 team leader, Linda Odom, spent three years as an ITC Commission Investigative Attorney representing the public interest in numerous Section 337 investigations and has recently successfully represented several respondents in Section 337 investigations. Today, Ms. Odom is on the Executive Committee of the ITC Trial Lawyers Association and is the ALJ Editor of the ITCTLA Newsletter.

At Powell Goldstein, we pride ourselves on representing complainants and respondents in a cost-effective manner. Section 337 cases are very fast-paced with trials often occurring less than one year after a case is instituted. Given the complex issues, the concentrated period of discovery and trial preparation, and the high stakes, good Section 337 practitioners need to know how to set goals, pick battles and focus early on the key issues. It is in this manner that we strive to bring our clients the best results in these cases.