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.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.