Reviewing the Patent Litigation Strategies for Our Corporations According to the Decisions Resulting from the United States International Trade Commission's Investigations Based on Section 337 of the Tariff Act

• Main Authors: HSU, CHUNG-CHENG, 許鐘成
• Other Authors: 彭心儀
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/97058884311324857405

碩士 === 國立清華大學 === 科技法律研究所 === 101 === Recently, our corporations are often in an inferior position during the patent litigation with foreign manufactures, especially in the United States International Trade Commission’s investigations based on section 337 of the Tariff Act. However, just because previously lose, our corporations become to focus on protection and use of intellectual property rights, and begin to execute patent analysis and mapping of existing or possible products development in future to improve their patent force and control potential risks of patent infringement from competitors. Accordingly, this article focuses on the United States International Trade Commission’s investigations based on section 337 of the Tariff Act. Firstly, this article introduces protection and constitutive requirements of section 337 of the Tariff Act and the whole procedure and date limit of the United States International Trade Commission’s Investigations. Second, this article collects leading cases of the International Trade commission’s investigations between foreign competitors and our corporations, figures out standpoint of ITC in each cases and generalizes the strategies which is conducive to our corporations. Finally, this article analyzes forgoing investigations and leading cases in ITC and integrates some practical advices for our corporations when facing the ITC’s investigations based on sections 337 of the Tariff Act for consultation.