Estados Unidos de América
Observancia de los derechos de propiedad intelectual
20. According to Section 337 of the Tariff Act of 1930 as recently amended, those accused are about to file counterclaim in the USITC proceedings, though those counterclaims are transferred to a federal court in actual cases. In this context, please explain whether the recent amendment of Section 337 of the Tariff Act of 1930 has solved the prior problem in which those accused were only able to file counterclaim in a federal court.
The amendments to Section 337 resolved the problem that the panel identified in its report. Namely, a respondent in a section 337 action may file with the USITC any counterclaim that may be filed with a federal court. If the claim is of the form of a defence to the alleged violation of section 337, the USITC will consider the matter. If the party raising the counterclaim seeks a remedy such as damages, the amendments now make that remedy available. Moreover, the amendments ensure that the party raising the counterclaim is not prejudiced by any delay or payment of fees.