Background - Practices (Details)

International Trade Commission / Section 337

Representative Engagements

The cases described in the summaries that follow are examples of the experience that Crowell & Moring LLP attorneys have gained during and/or prior to their tenure with the firm.

  • 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 Non-Volatile Memory Devices (337-TA-909): Represented General Motors as a third party presenting public interest testimony at deposition and at the hearing. Parties settled shortly after hearing.
  • Certain Communication Equipment (337-TA-817): Represented respondent Avaya in an investigation related to Power over Ethernet (PoE) features in telephones, switches, and wireless access points. Settled favorably.
  • 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 Polyimide Films (337-TA-772): Represented DuPont in hotly contested third-party discovery dispute, successfully quashing a third-party subpoena for deposition and presenting very limited trial testimony.
  • Components for Installations of Marine Autopilots with GPS or IMU (337‐TA‐738): Represented respondents FLIR Systems, Raymarine UK Ltd., and Raymarine, Inc. in an investigation related to marine autopilots with a GPS or IMU. Favorable settlement without 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.
  • Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras (337‐TA‐703): Represent complainant Kodak in ITC and parallel district court against respondent RIM.  Settled favorably.
  • Machine Vision Software and Systems (337‐TA‐680): Represented respondents Fuji America Corp. and Fuji Machine Co. in investigation related to machine vision systems. Settled Favorably without exclusion.
  • Certain Semiconductor Integrated Circuits (337-TA-665): Represented respondent LSI, Inc. against complainant Qimonda AG, obtaining Final Determination of non-infringement on five patents and defeating the complainant's claim of domestic industry.
  • Hydraulic Excavators and Components Thereof (337‐TA‐582): Represented complainant Caterpillar in an investigation to bar gray market Caterpillar‐branded excavators. Obtained general exclusion order and cease and desist orders.
  • 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.
  • Certain Laminated Floor Panels (337-TA-545): Represented 6 of 32 respondents in investigation. Lead counsel at two week hearing, resulting in a finding of Initial Determination of invalidity of broadest patent.
  • Network Communications Systems for Optical Networks (337‐TA‐535): Represented respondent Nortel and obtained summary determination in Nortel's favor.
  • Disc Drives, Components Thereof, and Products Containing Same (337‐TA‐516): Represented respondent in a 337 action concerning alleged infringement of seven patents on components and processes within disc drives. Settled favorably on the eve of the hearing.
  • Automobile Tail Light Lenses (337‐TA‐502): Represented respondent Daimler and successfully obtained summary determination in Daimler's favor before the hearing.
  • Musical Instrument Products: Represented complainant Yamaha Musical Instruments against foreign importers of gray market goods. Settled favorably before institution.