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A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
Under Section 337 (19 U.S.C. §1337), the U.S. International Trade Commission (ITC) investigates allegations of unfair practices in import trade that most often involve claims regarding intellectual property rights, including allegations of patent infringement. The ITC has long been the forum of choice for IP litigants seeking expeditious relief "at the earliest practicable time," particularly when compared to the traditional pace of litigation in district court. Id. at §1337(b).
In the wake of the COVID-19 pandemic, however, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties' confidential business information (CBI). See, Commission's Measures to Conduct Remote Section 337 Evidentiary Hearings Involving Confidential Business Information (June 26, 2020). After several months of evaluating its options, on July 20, 2020, the ITC announced that it had chosen "WebEx Meeting as its secure FedRAM certified video teleconferencing solution for Section 337 hearings and investigation conferences involving confidential business information." USITC Response to Covid-19 (July 20, 2020). In addition, the Commission indicated that "the Administrative Law Judge [ALJ] presiding over each investigation has responsibility for determining appropriate hearing procedures." Id.
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