Working with OUII – The Staff Attorney's Role and Practical Guidance on Interacting with the Staff Attorney

Summary

This practice note covers the role of the International Trade Commission's (ITC or Commission) Office of Unfair Import Investigations (OUII), an office unique to Section 337 investigations at the ITC. Section 337 investigations involve unfair practices in import trade under Section 337 of the Tariff Act of 1930 and allow a complainant to bring both statutory causes of action (e.g., civil causes of action such as patent infringement, created through legislation) and non-statutory causes of action (e.g., common law causes of action such as unregistered trade dress infringement). In addition to the complainant, as the IP rights holder, a Section 337 investigation also includes a respondent, the entity who imports products accused of violating Section 337. The trier of fact in these types of investigations is an administrative law judge (ALJ), and there is no jury. The final decision of the ALJ can be appealed to the Commission.