Cato Institute Analyst K. William Watson has issued a study condemning Section 337 of the Tariff Act of 1930 because:
“Section 337 contravenes a foundational element of free trade known as national treatment and violates the commitments of the United States as a member of the World Trade Organization. The law negatively impacts the integrity and functionality of U.S. patent law by establishing a dual-track system for patent enforcement and retains its ability to serve as a purely protectionist trade remedy mechanism.”
“Repealing Section 337 is the only way to ensure the integrity of the U.S. patent system, to bring the United States into compliance with trade obligations, and to prevent future abuse of this protectionist trade law.”
The chances of that recommendation being adopted with this Congress? Slim and none. And Slim just rode out of town.
Here’s a link to the study: http://www.cato.org/pubs/pas/PA708.pdf
For another Cato view of the study see this blog post: http://arstechnica.com/tech-policy/2012/09/itc-how-an-obscure-bureaucracy-makes-the-world-safe-for-patent-trolls/