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The Dilemma of Whether New Products Under Development Should Be Considered in a Section 337 Investigation ( March 2003 )
Under section 337, the ITC's jurisdiction extends to, <i>inter alia</i>, the "importation into the United States, the sale for importation, or the sale within the United States after importation" of products covered by a U.S. patent. A difficult question can arise when a respondent is developing new products during the course of an investigation that have not yet been imported into the United States, but will most likely be imported in the future, and discovery is sought regarding those products. -
Global Patent Considerations for the 21st Century ( December 1997 )
There was a time when all U.S. business competitors and markets were domestic, and we only needed to protect our te.
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