Background - Practices (Details)

International Trade Commission / Section 337

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 16 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 focused areas of law: intellectual property and international trade. Our firm's unique combination of IP and international trade experience, 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 
  • Extensive appellate experience, including appeals of ITC cases before the U.S. Court of Appeals for the Federal Circuit
  • 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

Representative Engagements

  • Vehicular Smart Watch Systems, Related Software (337-TA-3093): Defended General Motors Company and OnStar in multi-forum litigation resulting in complainant's swift voluntary withdrawal of allegations pre-institution.
  • Certain Automotive GPS Navigation Syst. (337-TA-814): Represented respondent General Motors LLC in an investigation related to automobiles with in-dash GPS navigation systems. Won dismissal of GM and termination of the investigation after six months, with no exclusion.
  • Certain Adjustable-Height Beds (337-TA-734): Represented complainant Invacare in an investigation related to adjustable hospital beds, resulting in a Consent Order excluding the accused products from entry into the U.S.
  • Baseband Processor Chips and Chipsets (337-TA-543): Represented Intervenor Sprint Nextel Corp. in the investigation brought by Broadcom against Qualcomm related to baseband processor chips used in wireless handsets before Judge Bullock. Lead counsel during the remedy phase, the Presidential Review Period, before IPR at customs, and during the enforcement action. Obtained a stay of the limited exclusion order and won the appeal to the Federal Circuit, resulting in the seminal Kyocera Wireless Corp., et al., v. Int'l Trade Comm'n decision.  

Click here for a full list of Section 337 Representative Engagements.