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ITC Proves Useful Resource for Life Science Firms

By Ralph A. Mittelberger

The U.S. International Trade Commission (ITC)'s power to seal the country's borders against importation of products covered by U.S. patents makes this federal agency a powerful resource for patent holders. Still, many life sciences companies doing business in this country fail to utilize this quasi-judicial body to protect their pharmaceuticals, medical devices and other patented products.

The ITC's authority to protect companies active in the United States from unfair competition from abroad comes from '337 of the Tariff Act of 1930. To proceed under '337, there must be a 'domestic industry,' importation and an unfair method of competition or unfair act, such as patent infringement. Relief is even possible when imported products are not protected by patents, if they are made abroad through the use of patented processes.

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