Insights

Circumstantial Evidence

Circumstantial Evidence Can Help You Satisfy The Importation Requirement…But Only Under The Right Circumstances, ITC Blog

In a recent summary determination order, ALJ Bullock found that complainants cannot always rely on circumstantial evidence to satisfy the Section 337 importation requirement.  Certain Height-Adjustable Desk Platforms and Components Thereof, 337-TA-1125, Order 33 (September 13, 2019).  While circumstantial evidence can prove that infringing products were imported from the same country, it may not be sufficient to prove that a respondent actually shipped an infringing product.

View the full ITC Blog on JD Supra.

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