Section 337 of the Tariff Act of 1930 makes unlawful, specifically, the importation of products that infringe intellectual property rights. The U.S. International Trade Commission (“ITC”) is the forum in which all section 337 proceedings are adjudicated and, within the ITC, the Office of Administrative Law Judges handles all these proceedings. Section 337 cases can be exceedingly complex and technical, and the Administrative Law Judges (“ALJ”) are the initial triers of fact, administrators, and decision makers in every case. Thus, the amount of work that the ALJs—along with their staff—must meet to see these cases to completion can be substantial. This article provides an overview of the ALJ practice and gives a sense of what it is like to be involved in a section 337 case at the ITC.
Hon. Carl C. Charneski, The Role of the Office of the Administrative Law Judges Within the United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009)