28 U.S.C. 1659 requires a stay of specified district-court claims when a qualifying ITC respondent makes a timely request. The stay reaches claims involving the same issues in the parallel section 337 proceeding. It does not automatically freeze every dispute between the parties. [1]
Rules that determine the answer
The request must be made within thirty days after the party is named an ITC respondent or thirty days after the district action is filed, whichever is later. The stay lasts until the Commission determination becomes final. Afterward, the ITC record may be used subject to applicable evidence rules and protective orders. [1] [2]
A motion should explain respondent status and issue overlap with supporting documents. The automatic-sounding word “shall” does not excuse an untimely request or an unsupported claim that the two cases share every issue.
What to check before taking the next step
- Compare the two proceedings claim by claim and calculate the later of the two statutory trigger dates.
- Collect the ITC institution notice, district complaint, service records, pleadings, and proposed stay order.
A distinction that changes the result
The two statutory dates are alternatives measured from different proceedings. If the district case already exists and the party is later named an ITC respondent, the later respondent date can control. If the district case is filed afterward, that filing can supply the later date. The moving party should identify the precise date and overlapping claims rather than request a stay based only on general factual similarity. The section’s record-transmission provision does not make every ITC finding automatically conclusive in the resumed district case. [1]
Practical example
A district case includes both overlapping patent claims and an unrelated contract claim. The statutory stay analysis concerns the same-issue claims, rather than assuming the entire case necessarily stops.
For related situations, see commerce-related federal jurisdiction and federal diversity jurisdiction.
Primary sources
Sources checked: October 31, 2026.