The Injury Requirement in ITC Section 337 Investigations

Summary

This practice note provides guidance on the ITC's "injury" requirement, an element of proof required for Section 337 ITC investigations of unfair acts concerning non-statutory causes of action, such as misappropriation of a trade secret, trademark dilution, trade dress, breach of contract, or false advertising. 19 U.S.C. § 1337(a)(1)(A). In particular, Section 1337(a)(1)(A) addresses non-statutory unfair acts, declaring unlawful "[u]nfair methods of competition and unfair acts in the importation of articles... into the United States, or in the sale of such articles . . ., the threat or effect of which is: