Are Section 337 investigations more or less expensive to litigate than district court actions?
In my experience, Section 337 cases are less expensive overall than a district court to litigate an intellectual property infringement claim. There are no Hague Convention requirements for service of the complaint and taking of evidence in foreign countries, and the ITC has nationwide subpoena power. Likewise, motions practice is more reduced and controlled than in district court actions. One very significant advantage is that Section 337 investigations are completed in far less time than a district court action, which are frequently interminably long with respect to resolutions of dispositive motions, getting to trial, and resolving post-trial motions. However, the rapidity of ITC cases translates into the costs of prosecuting or defending the case being incurred in this highly compressed schedule. Nonetheless, the swift resolution of the dispute results in significant benefits to the business and positions of the winning parties. How long does it take to complete a typical Section 33
