"The US International Trade Commission (ITC) provides an alternate forum for US intellectual property owners seeking to enforce their rights against infringing imports. The ITC typically hears claims of patent or trademark infringement, but it can also investigate unfair competition claims such as the misappropriation of trade secrets, passing off, and false advertising. The ITC forum offers several advantages over US district court. The primary advantage is that the ITC is required by statute to complete its proceedings “at the earliest practicable time.” Thus, the ITC will typically render its final decision within 12 to 15 months after an action has been initiated. "

Institution of an ITC investigation

Within 30 calendar days of the filing of the complaint, the ITC Commissioners will vote on whether to begin, or institute, an investigation. The ITC will institute an investigation following receipt of a properly filed compliant that complies with Commission rules. After institution, the subject matter of the investigation and the parties involved are made public through publication of a notice of investigation in the Federal Register. In addition, all non-confidential documents filed with the ITC are made available to the public via the ITC’s Electronic Document Information System (EDIS), which can be accessed through the ITC’s Internet website: www.usitc.gov.

Appeal to the full Commission

The ALJ’s final ID can be appealed to the full Commission provided a petition for review is filed within 10 days of the issuance of the ALJ’s final ID. The other parties may file responses to such a petition. Any issues not raised in a petition for review are deemed waived. The Commission’s decision on whether to grant a petition for review is due no later than 45 days after the issuance of the ID. The standard on review is whether the final ID contains a clearly erroneous finding of material fact, an erroneous legal conclusion, or affects Commission policy. The Commission can also vote to review an ALJ’s final ID, sua sponte.

If a petition for review is denied, the ALJ’s final ID is adopted and becomes the ITC’s final determination. If a petition for review is granted, the parties will typically be given a briefing schedule, a list of the specific issues that are under review, and one or more questions or topics that the Commission wishes to have addressed. Those portions of the ALJ’s ID that are not under review are deemed to be adopted and become part of the ITC’s final determination. At its discretion, the Commission can adopt, modify, or reverse the ALJ’s final ID. In rare instances, the Commission may put aside a finding of violation if such a determination would be contrary to the public interest.

Appeal of the Commission’s final determination

Final Commission determinations are appealable to the US Court of Appeals for the Federal Circuit (CAFC) as are district court determinations. The notice of appeal must be filed within 60 days of the final determination. The ITC’s factual findings are reviewed by the CAFC under a substantial evidence test rather than the clearly erroneous test applied to district court findings. Thus, Commission factual findings are given more deference that district court findings. Commission legal conclusions, however, are given no deference and are reviewed under the same de novo standard of review as are district court legal conclusions.

http://www.buildingipvalue.com/n_us/163_166.htm