What are the advantages of a Section 337 investigation verses a civil action in federal court?
Maiorana: One of the biggest advantages of a Section 337 investigation is the speed at which it is conducted. The statute states the investigation must be completed at the earliest practicable time. The typical time from initiation of the investigation until final determination by the Commission is 15 months as compared with a district court litigation which could take two or three years before going to trial. So, in view of that speed, a company named as respondent has a significant disadvantage to a complainant who has had time to prepare and bring the case; therefore, respondents need to retain a law firm that knows what it is doing. Editor: Are the Commissioners political appointees? Namrow: By statute the ITC has to be staffed with both Democrats and Republicans. There are six Commissioners nominated by the President and confirmed by the Senate with finite and overlapping terms. There are also six administrative law judges. Editor: What are the ITC’s standards for admitting cases?
