• Revival of the Public Interest: The Importance of Understanding the New Role of the Statutory Public Interest Factors in Section 337 Investigations
  • January 13, 2016 | Author: Michael R. Doman
  • Law Firm: Adduci, Mastriani & Schaumberg, L.L.P. - Washington Office
  • A violation of Section 337 usually results in the infringing product being excluded from importation into the United States. Exclusion is generally ordered due to Section 337's statutory command that, where a violation is found, “the Commission shall direct that the articles concerned be excluded from entry into the United States[.]” Generally, such exclusion is in the public interest, as the International Trade Commission (“the Commission”) has long recognized the strong interest in protecting and enforcing intellectual property rights.1 However, Section 337 requires the Commission to consider the effect a proposed exclusion order would have on the public interest. In particular, Section 337 directs the Commission to exclude infringing products from importation only after considering the effect of exclusion “upon (1) the public health and welfare, (2) competitive conditions in the United States economy, (3) the production of like or directly competitive articles in the United States, and (4) United States consumers.” 2