"Several Healthy Steps Away": New & Improved Products in Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 309 (2009)

A business that imports “new and improved,” or redesigned, products into the United States should be aware of the procedures available to lessen the risk of violating standing orders of the United States International Trade Commission (“Commission”). In order to ensure that these products gain entry without violating an ITC order and accruing substantial penalties, it is imperative that the business know its options. Whether it requests a Customs ruling or uses a certification, or whether it petitions for an advisory opinion from the Commission, the business must be able to maneuver. This nuts-and-bolts guide provides examples and information on how to stay “several healthy steps away” from violating the Commission’s orders.