§ 1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission
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/usc/title-28/section-1659A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Stay.— In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the Tariff Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Commission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Commission, but only if such request is made within—
(1)30 days after the party is named as a respondent in the proceeding before the Commission, or
(2)30 days after the district court action is filed,
whichever is later.
(b)Use of Commission Record.— Notwithstanding section 337(n)(1) of the Tariff Act of 1930, after dissolution of a stay under subsection (a), the record of the proceeding before the United States International Trade Commission shall be transmitted to the district court and shall be admissible in the civil action, subject to such protective order as the district court determines necessary, to the extent permitted under the Federal Rules of Evidence and the Federal Rules of Civil Procedure.
(Added Pub. L. 103–465, title III, § 321(b)(1)(A), Dec. 8, 1994, 108 Stat. 4945.)
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- Pub. L. 103–465, title III, § 321(b)(1)(A)
- 108 Stat. 4945
- section 322 of Pub. L. 103–465
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§ 1659
Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission
Fed. Reg.×11
C.F.R.×2
Pub. L.Pub. L. 103–465, title III, § 321(b)(1)(A)
Stat.108 Stat. 4945
Pub. L.section 322 of Pub. L. 103–465
Cites 4Cited by 13 across 2 sources