Home
About Us
Section 337: Protecting intellectual property - Limitations
08/12/2022 06:13
Along with the special benefits it provides for qualified domestic parties, the statute also imposes certain limitations. First, the only remedies provided (discussed in greater detail below) are equitable in nature - general or specific exclusion orders or cease and desist orders. The Commission cannot award monetary damages.
Second, although respondents are permitted to raise any counterclaim at the Commission, the statute requires respondents to immediately remove any counterclaim to the appropriate United States district court. Consequently respondents' ability to raise issues and claims that are not directly related to the original complaint are limited.
This limitation on counterclaims does not, however, affect respondents' ability to raise legal or equitable defences in the Section 337 proceeding. Respondents can and do routinely challenge the patent's validity, asserting waiver, estoppel, implied licence, anticipation, obviousness, inequitable conduct, and other issues.
