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.
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