The ITC’s New “Interim ID” Pilot Program: Strategies and Words of Caution

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The U.S. International Trade Commission (ITC) recently announced a new pilot program that empowers the Administrative Law Judges (ALJs) who preside over section 337 investigations to issue an “interim initial determination” that resolves a case-dispositive or otherwise significant issue early in an investigation. Now, instead of being in trial nine to 10 months after the filing of a complaint, parties could be in trial in half that time on a discrete issue that ends the investigation entirely or dramatically tips the scale in one direction. The pilot program—assuming ALJs embrace it—provides §337 litigants with another tool to efficiently win these high stakes cases. In this webinar, IP lawyers from Orrick, Herrington & Sutcliffe join two in-house counsel who have directed recent section 337 investigations to discuss strategies and to offer words of caution relating to this new program.

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