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27 July 2017Copyright

ITC section 337 investigations doubled in 2016: report

The number of section 337 investigations and ancillary proceedings initiated in 2016 at the US International Trade Commission (ITC) nearly doubled compared with the previous year.

The latest ‘year in trade’ figures stated that there were 80 new proceedings initiated in 2016, up from 42 in 2015.

Of the 80 investigations in 2016, 54 were section 337 cases, up from 36 in the previous year. In total, 46 of the 54 cases stemmed from alleged patent infringement, with the remaining eight involving other claims including trademark and copyright infringement.

One high-profile section 337 investigation, initiated in May 2016, was the investigation into Volkswagen, Audi and Porsche over hybrid technologies.

The ITC voted in favour of an investigation into the trio following a patent infringement case brought against them by hybrid technology manufacturer  Paice.

Technology products continued to see the highest number of investigations, with approximately 30% of the active proceedings involving computer and telecommunications equipment and a further 7% involving consumer electronics, the ITC said.

Small consumer items, including lip balm, resealable plastic bags, coffee pods, and mobile device holders, were at issue in approximately 14% of the active proceedings, while automotive, transportation, and manufacturing products were the focus in about 11%.

The report further added that the ITC completed a total of 66 investigations and ancillary proceedings in 2016 and terminated 31 cases without determining whether there had been a violation.

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