April 16, 2013
Former U.S. International Trade Commission Chairman Deanna Tanner Okun was a witness during the live hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job Creation at the International Trade Commission and Beyond” before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet in the Rayburn House Office Building.
Ms. Okun’s oral remarks focused on the role of the ITC as an expert trade agency that, in administering Section 337, provides an effective remedy to combat the pervasive problem of infringing imports, thereby providing essential protection to U.S. IPR owners and fostering U.S. competitiveness and innovation. She added that through its decisions and administrative actions, the ITC has sent a strong message that only entities with substantial domestic ties will succeed under Section 337. The data demonstrates that PAEs are not succeeding at the ITC (See Updated Section 337: Facts and Trends ). Finally, Ms. Okun noted that the ITC, perhaps because it is small, non-partisan, and quasi-judicial, has been nimble in addressing litigation issues by pursuing case management and rules changes to reduce the cost and burden of litigation.