Article: Use of the International Trade Commission's Evidentiary Record in a District Court Proceeding: The Mechanisms and Implications of Transfer of the Commission Record.(Reprint)

Article by Steven M. Anzalone and Paul C. Goulet

Originally published in the 337 Reporter, Volume XIX, Winter 2003, a publication of the ITC Trial Lawyers Association

Section 337 investigations at the U.S. International Trade Commission (ITC) involve allegations of unfair trade practices associated with importation of goods into the United States-typically allegations of patent, trademark, or copyright infringement. The same parties, intellectual property rights, and products are often at issue in parallel proceedings in the district courts. In those cases, 28 U.S.C. [section] 1659 permits respondents in the Section 337 investigation to stay proceedings ...

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