Discovery in Section 337 Investigations: The Familiar at Hyper Speed

Section 337 investigations use all of the forms of discovery provided by the Federal Rules of Civil Procedure: interrogatories, request for production, subpoenas, requests for admission and depositions. The real difference lies in the speed with which responses are expected and disputes are resolved. These differences are created by both the ITC Rules of Practice and Procedure (19 C.F.R. § § 210.1 et. seq.) and the individual Administrative Law Judge’s (“ALJ”) Ground Rules. These rules are very similar to the Federal Rules of Civil Procedure (except for the shorter time frames). The differences, however, create potential traps for the unwary.

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