Motion to Terminate Based on Settlement Agreement in ITC Section 337 Investigations

Summary

This is a template motion to terminate an investigation brought under 19 U.S.C. § 1337 (337 Investigations) in the U.S. International Trade Commission (ITC). This motion requests termination of an ITC investigation based on party settlement and includes a public and a redacted version (of a confidential agreement). This template includes practical guidance, drafting notes, and alternate and optional clauses. Commission Rule § 210.21 provides that any party may file a motion to terminate the investigation with respect to one or more of the respondents who executed the agreement. 19 C.F.R. § 210.21(a)(2) (''Any party may move at any time to terminate an investigation in whole or in part as to any or all respondents on the basis of a settlement, a licensing or other agreement . . .''). Terminating an investigation by settlement does not require an admission or ITC determination that Section 337 was violated. 19 C.F.R. § 210.21(b)(2). Motions to terminate are readily granted, unless there is some extraordinary circumstance. However, a motion to terminate may be denied if it is found to be contrary to the public interest, although this is a rare occurrence. 19 C.F.R. § 210.50(b)(2). If your settlement agreement includes confidential information, a public and a redacted version of the settlement agreement must be filed with the motion to terminate. 19 C.F.R. § 210.21 (b)(1) (''If the licensing or other settlement agreement contains confidential business information within the meaning of § 201.6(a) of this chapter, a copy of the agreement with such information deleted shall accompany the motion.'') A motion to terminate the investigation may also be accompanied by a motion to limit service of the settlement agreement. 19 C.F.R. § 210.21(b)(1). The motion to limit service must show good cause to limit service. For more information on ITC Section 337 Investigations, see ITC Section 337 Investigations in Patent Infringement: Pre-suit Considerations, and ITC Section 337 Investigations in Patent Infringement: Overview. For more information on patent rights, claims, and infringement, see Patent Fundamentals, Pre-suit Considerations for Patent Infringement Litigation, and Patent Litigation Fundamentals. For more on settlement in patent cases, see Patent Settlement Agreement Checklist.