Under Section 337, temporary relief may be granted to a party to “the same extent as preliminary injunctions and temporary restraining orders may be granted under the Federal Rules of Civil Procedure” (19 U.S.C. § 1337(e)(3)). In order to obtain temporary relief, a party must show (1) a reasonable likelihood of success on the merits, (2) irreparable harm caused if relief is not granted, (3) that the balance of hardships is tipping in the requesting party’s favor, and (4) that the public interest does not preclude issuance of relief.
A primary distinction between Temporary Exclusion Order (TEO) investigations and other Section 337 investigations is the irreparable harm analysis. As its name implies, irreparable harm cannot be cured by a remedy after trial. Such inquiries require an understanding of the nature of competition between the plaintiff’s and the defendant’s products. Brattle’s team of experienced industrial organization economists and damages experts has significant experience in Section 337 TEO investigations and other injunction matters.
Additionally, antitrust claims related to imported goods may be addressed. The Brattle Group’s significant antitrust and intellectual property expertise can be helpful in such engagements.