Strategy for Defense and Evidence Presentation by Chinese Enterprises in Responding to U.S. Section 337 Intellectual Property Investigations

As a crucial tool for U.S. trade protectionism, the U.S. Section 337 Investigation is often used to file intellectual property (IP) infringement claims against enterprises from other countries. In recent years, Chinese enterprises have faced challenges such as a high rate of losing cases and insufficient experience in responding to Section 337 Investigations. This paper conducts an in-depth analysis of the procedural characteristics and legal rules of the U.S. Section 337 Investigation, and systematically explores the defense paths and strategies for applying evidence rules for Chinese enterprises. The study finds that Chinese enterprises can start with core defense paths including IP invalidation declarations, infringement defenses, and reasonableness defenses. Meanwhile, in the practice of evidence rules, they should focus on the comparison of technical features, the proof of patent validity, and the construction of an evidence chain for independent research and development. Taking the successful case of JK Sucralose Inc. and Huawei as a starting point, this paper reveals that the response paradigm of “proactive response + systematic construction of evidence system + countermeasures based on procedural rules” is a relatively effective counterattack strategy for Chinese enterprises at present. Against the backdrop of the Fourth Industrial Revolution, international competition has become increasingly fierce. Chinese enterprises are in urgent need of breaking through the trade barriers set by Section 337 Investigations by improving IP layout, strengthening the evidence management system, leveraging professional teams and policy support, so as to enhance their ability to deal with IP disputes in international competition. The research results of this paper not only provide valuable response ideas for Chinese enterprises facing Section 337 Investigations, but also offer useful references for policy-making and academic research in other countries.