The Defense Analysis Of Patent Infringement In The U.S.337 Investigation

Chinese exporters have often been sued under the 19 U.S.C.§1337Section which has authorizes The U.S.International Trade Commission to investigate and sanction unfair import trade practices and competition to protect U.S.domestic industries.Through practice and experience,It is easy to find out that The main object of the337 Investigation is patent infringement.The U.S.International Trade Commission which is the competent authority has the power to order U.S.Customs and Border Protection to permanently deny access to the U.S.market to any product that infringes on U.S.patents based on its final determination.In some cases,the permanently deny may even extend to downstream products or non?party's products which have not been listed as one of the defendants.If the defendant loses the case,his customers will be likely to buy the products of his competitors instead.In the337 investigations of many years ago,Chinese exporters had always been often forced to pay some hefty fees to plaintiffs for out?of?court settlements,or voluntarily given up the entire American market without defense and response.However,with the continuous improvement of innovation ability and legal awareness,more and more Chinese exporters take the initiative to deal with overseas intellectual property disputes and achieve good results in337 Investigation.From the perspective of Chinese exporters,this paper will study the337 Investigation rules and propose defense strategies based on the ZTE case in 2012,and think about how Chinese exporters should defend themselves against the337 Investigation and what feasible defense methods and defense strategies are available and useful.This paper is divided into three chapters.The first chapter gives an overview of 337 Section and the 337 Investigation in the United States.It mainly introduces the constitutive elements of being of illegality,the process of 337 Investigation and the main remedy measures,laying a foundation for the introduction of the 2012 ZTE case and its defense methods.The second chapter introduces and puts forward some defense methods that Chinese exporters can adopt and the skillful defense strategies that can be obtained by using the U.S.rules when dealing with the 337 Investigation in the United States.The third chapter gives some constructive suggestions on how to protect the patent rights and interests of Chinese exporters and how to deal with the 337 investigation.