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A U.S. marketing company has been importing hearing aid devices into the U.S. The imported hearing aid devices infringe upon a hearing aid device patent owned by the firm’s client. Which forum(s) is most suitable for quickly stopping the infringing imports?

Question

A U.S. marketing company has been importing hearing aid devices into the U.S. The imported hearing aid devices infringe upon a hearing aid device patent owned by the firm’s client. Which forum(s) is most suitable for quickly stopping the infringing imports?

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Solution

The most suitable forum for quickly stopping the infringing imports would be the United States International Trade Commission (USITC). The USITC is an independent, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent infringement.

Here are the steps to take:

  1. File a complaint: The firm's client should file a complaint with the USITC under Section 337 of the Tariff Act of 1930. This section makes it unlawful to import into the U.S. products that infringe upon U.S. patents.

  2. Investigation: After the complaint is filed, the USITC will conduct an investigation. This process involves gathering evidence and may include a trial-like hearing.

  3. Determination: If the USITC determines that the imported hearing aid devices infringe upon the firm's client's patent, it can issue an Exclusion Order, which directs U.S. Customs and Border Protection to stop the infringing imports at the border.

  4. Presidential review: The President has 60 days to review the USITC's decision. If the President does not disapprove the decision, it becomes final.

This process can be quicker than a traditional court case and can effectively stop the import of infringing products. However, it's important to note that the USITC does not award damages. If the firm's client wants to seek damages, they would need to file a separate lawsuit in a U.S. District Court.

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