ITC Practice
The International Trade Commission (ITC) is an extremely effective forum for the resolution of intellectual property disputes involving the importation of allegedly infringing goods. Relief at the ITC is as swift as it is severe. Section 337 investigations typically conclude within sixteen months and can result in the exclusion of any products found to be infringing from entry into the United States by U.S. Customs, and the prevention of future sales of previously imported infringing goods.
Section 337 litigation presents a number of unique challenges stemming from the intersection of two complex and highly specialized areas of law: intellectual property and international trade. Our firm’s unique combination of IP and international trade expertise, coupled with our extensive litigation capabilities, means that we have the resources needed to successfully represent clients in all aspects of a Section 337 investigation:
- Deep IP bench needed for complex technology involved in Section 337 investigations.
- Proficiency in U.S. customs law and post-remedy administrative procedures at Customs.
- Extensive appellate experience, including Federal Circuit appeals of ITC cases.
- Experience in Enforcement Actions, Advisory Opinions, and Modification Proceedings.
- Unmatched experience in the presentation of public policy issues before the various federal agencies involved in the review of ITC orders.
Below are a few representative Section 337 matters we have handled:
- Adjustable-Height Beds and Components Thereof (337-TA-734): Successfully represented complainant Invacare in an investigation related to adjustable hospital beds. Obtained Consent Order whereby respondents agreed to the exclusion of accused products from entry into the United States.
- Baseband Processor Chips and Chipsets (337-TA-543): Successfully represented Intervenor Sprint in investigation brought by Broadcom against Qualcomm during the remedy phase, the Presidential Review period, the appeal to the Federal Circuit, and at Customs. Obtained a stay pending appeal and convinced the Federal Circuit to vacate the limited exclusion order issued against Sprint as part of the landmark decision, Kyocera Wireless Corp. et al., v. International Trade Commission.
- Hydraulic Excavators and Components Thereof (337-TA-582): Successfully represented Caterpillar in an investigation to bar gray market Caterpillar-branded excavators. Obtained complete relief in the form of a general exclusion order and cease and desist orders.
Please click here for a list of other representative matters.