Talkin' Trade: All About Ancillary Proceedings

Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. Much of the focus of Section 337 litigation at the ITC is on the “violation” phase, where the Commission determines in the first instance whether to issue an exclusion order or cease and desist order. But ITC litigants should not lose sight of follow-on proceedings where these remedial orders can be modified or rescinded, or the ITC can impose civil penalties to enforce these orders. In this episode, Ropes & Gray IP litigators Matt Rizzolo, Matt Shapiro, Brendan McLaughlin, and Becca Gentilli shed some light on these so-called “ancillary proceedings,” explaining why and how they are used, who presides over them, and comparing and contrasting them to other post-violation procedural options.