Photograph of Lyle Vander Schaaf

Education

  • University of Iowa, B.A. (1985) with honors
  • American University Washington College of Law, J.D. (1988)

Admissions

  • District of Columbia
  • U.S. Court of International Trade
  • Supreme Court of the United States
  • U.S. District Court, Eastern District of Michigan
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, District of Columbia

Languages

  • French

Lyle Vander Schaaf

Partner
Washington, D.C.
lvanderschaaf@crowell.com
Phone: +1 202.296.6941
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Lyle Vander Schaaf is a co-lead of the ITC & 337 Litigation practice at Crowell & Moring. He began his career on IP cases representing small companies defending themselves against Fortune 500 corporations in “bet the company” type ITC proceedings and learned early on how important it is to provide a strong, tireless defense in order for his clients to prevail. He still brings an impassioned tirelessness to all his clients’ cases—as if their problems were his own. And, he hates to lose.

Lyle has an active practice in investigations before the U.S. International Trade Commission and their parallel proceedings in Federal Court, covering alleged patent infringement, trademark infringement, copyright infringement, trade secret misappropriation and other alleged unfair practices in import trade. He served in the Office of General Counsel of the ITC from 1991 to 1996 and was detailed to the Office of Chairman Watson in 1994.

Outside of his ITC practice, Lyle has an active practice representing clients in international trade proceedings before the ITC, U.S. Department of Commerce (DOC), U.S. Trade Representative (USTR) and U.S. Customs and Border Protection (CBP). Lyle regularly represents clients in licensing intellectual property and litigating in federal courts.

In addition to appearing regularly on panels in the United States and abroad, Lyle has provided numerous presentations on IP and international trade matters and has authored a substantial number of articles on various IP, ITC and international trade subjects. He has been quoted numerous times in Bloomberg, the Washington Post, Managing IP, the LA Times, the Wall Street Journal, Law360 and China Intellectual Property News and appeared on Bloomberg TV.

Lyle focuses his practice on the ITC and studies all of its decisions. He has anticipated the changes that have occurred over the past several years in the ITC so that his clients were able to successfully maneuver through the agency’s changing proceedings. He is never afraid to challenge how other attorneys bring matters before the ITC.

Prior to joining Crowell & Moring, Lyle was a shareholder at Brinks Gilson & Lione.

Representative Experience

  • Lyle’s background suits him well to defend clients in ITC Section 337 IP proceedings. On behalf of three small importers, Lyle stood up to the world’s largest manufacturer of bearings and prevailed in the ITC, and then prevailed when the losing party appealed to the U.S. Court of Appeals for the Federal Circuit and then succeeded in defending against a certiorari petition in the U.S. Supreme Court. Lyle also has fought against one of the world’s largest heavy equipment manufacturers that sought in the ITC to exclude his small clients’ imports of heavy equipment. His steadfast defense did not diminish all the way to the eve of trial when the opposing party sought settlement on terms acceptable to his clients. Lyle was also fundamental to the defense of the firm’s clients who were in a hard-fought skirmish against one of their key competitors at the ITC. The clients prevailed on all but one claim of one patent (out of a total of 96 claims in 6 patents) and then designed-around that claim. Lyle’s experience before the ITC helped the clients prevail in an enforcement proceeding at the ITC (the first ever such victory for a respondent), proceedings before U.S. Customs and Border Protection, appeals to the U.S. Court of International Trade and finally in an emergency appeal to the U.S. Court of Appeals for the Federal Circuit. Ultimately, none of the clients’ imports were excluded from the market. Lyle also was key to the success of a client in China that was sued on four separate occasions in the ITC and prevailed in all four cases—and any appeals that ensued in the Federal Circuit.
  • Lyle formerly worked in the Office of the General Counsel of the ITC and was detailed for a time to the then-Chairman’s Office and, from this experience, he provides an insider’s perspective to how the ITC will decide a case. Having worked on Section 337 IP proceedings and antidumping/countervailing duty trade proceedings inside the ITC, he now provides his insights as an insider to win cases on behalf of his clients at the ITC. Since leaving the ITC, Lyle has worked on numerous Section 337 proceedings covering patent infringement, copyright infringement, trademark infringement, trade secret misappropriation and other unfair practices in import trade. Since working on a Section 337 proceeding in 1988 as a first-year associate, he has handled over 45 Section 337 proceedings either inside the ITC or in private practice representing clients before the agency.
  • Lyle has an in-depth understanding of all facets of ITC proceedings, including the Commissioners’ review phase of the ALJ’s initial determination, the Presidential review phase before the Office of the U.S. Trade Representative (USTR), the enforcement phase before the ITC, and the customs enforcement phase before U.S. Customs and Border Protection (CBP). Throughout his career, Lyle has worked on numerous matters before the USTR, CBP and the U.S. Department of Commerce (DOC). He has handled over 25 cases before the U.S. Court of International Trade on customs, IP and international trade matters stemming from decisions of USTR, CBP, the DOC or the ITC. He also has argued five cases before the U.S. Court of Appeals for the Federal Circuit, which presides over all appeals of ITC Section 337 proceedings and all customs and trade appeals from the U.S. Court of International Trade.


Recognition

  • Journal of International Law & Policy, Editor-in-chief, American University, 1987–1988
  • The Legal Media Group Guide to the World’s Leading International Trade Lawyers, March 2007


Affiliations

  • American Bar Association, Sections on Intellectual Property and International Law
  • District of Columbia Bar Association
  • Federal Circuit Bar Association
  • International Trademark Association
  • ITC Trial Lawyers Association

Admissions

Admitted to practice: District of Columbia, U.S. Court of International Trade, Supreme Court of the United States, U.S. District Court for the Eastern District of Michigan, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the District of Columbia



Representative Engagements

ITC Section 337 Cases—Private Practice
  • Certain Portable Battery Jump Starters & Components Thereof, Inv. No. 337-TA-1256
  • Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same, Inv. No. 337-TA-1222
  • Certain Balanced Armature Devices, Products Containing the Same and Components Thereof , Inv. No. 337-TA-1186
  • Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same, Inv. No. 337-TA-1149
  • Certain Pickup Truck Folding Bed Cover Systems and Components Thereof, Inv. No. 337-TA-1143
  • Certain LED Lighting Devices, LED Power Supplies, and Components Thereof, Inv. No. 337-TA-1081
  • Certain Reusable Diapers, Inv. No. 337-TA-1077
  • Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same, Inv. No. 337-TA-1010
  • Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994
  • Certain Vision-Based Driver Assistance System Cameras and Components Thereof, Inv. No. 337-TA-907
  • Certain Vision-Based Driver Assistance System Cameras and Components Thereof, Inv. No. 337-TA-899
  • Certain Thermal Support Devices for Infants, Infant Incubators, Infant Warmers, and Components Thereof, Inv. No. 337-TA-896
  • Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof, Inv. No. 337-TA-868
  • Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same, Inv. No. 337-TA-855
  • Certain Wireless Consumer Electronics Devices and Components Thereof, Inv. No. 337-TA-853
  • Certain Electronic Devices For Capturing And Transmitting Images, And Components Thereof, Inv. No. 337-TA-831
  • Certain Electric Fireplaces, Components Thereof, and Manuals for Same, Processes for Manufacturing or Relating to Same, And Products Containing Same, Inv. No. 337-TA-826
  • Certain Wireless Devices with 3G Capabilities and Components Thereof, ITC Inv. No. 337-TA-800
  • Certain Electric Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same, Inv. No. 337-TA-791
  • Certain Set-Top Boxes, and Hardware and Software Components Thereof, Inv. No. 337-TA-761
  • Certain Video Game Systems and Controllers, ITC Inv. No. 337-TA-743
  • Certain Electronic Products, including Mobile Phones, Portable Music Players and Computers, Inv. No. 701
  • MEMS Devices and Products Containing the Same, ITC Inv. No. 337-TA-700
  • Silicon Microphone Packages and Products Containing the Same, ITC Inv. No. 337-TA-695 (temporary exclusion order (TEO) proceeding and full proceeding)
  • Certain Flash Memory and Products Containing Same, Inv. No. 337-TA-685
  • Active Comfort Footwear, ITC Inv. No. 337-TA-660
  • Automotive Multimedia Display and Navigation Systems, Components thereof, and Products Containing Same, ITC Inv. No. 337-TA-657
  • Cast Steel Railway Wheels, Certain Processes for Manufacturing Or Relating To Same and Certain Products Containing Same, ITC Inv. No. 337-TA-655
  • Base Stations and Wireless Microphones, ITC Inv. No. 337-TA-653
  • Silicon Microphone Packages and Products Containing Same, ITC Inv. No. 337-TA-629
  • Ground Fault Circuit Interrupters and Products Containing Same, ITC Inv. No. 337-TA-615
  • Magnifying Loupe Products and Components Thereof, ITC Inv. No. 337-TA-611
  • Hydraulic Excavators and Components Thereof, ITC Inv. No. 337-TA-582
  • Rubber Antidegradants, Components Thereof, and Products Containing Same, ITC Inv. No. 337-TA-533
  • Certain Semiconductor Devices and Products Containing Same, Inv. No. 337-TA-525
  • Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks, ITC Inv. No. 337-TA-503 and combined enforcement/advisory opinion proceeding
  • Home Vacuum Packaging Machines, ITC Inv. No. 337-TA-496 (2/18/03) (temporary exclusion order (TEO) proceeding and full proceeding)
  • Coamaxiclav Products, Potassium Clavulanate Products, and Other Products Derived From Clavulanic Acid, ITC Inv. No. 337-TA-479
  • Recordable Compact Disks and Rewritable Compact Discs, ITC Inv. No. 337-TA-474
  • Bearings and Packaging Thereof, ITC Inv. No. 337-TA-469
ITC Section 337 Cases—While Working at ITC
  • Asian Style Kamaboko Fish Cakes, ITC Inv. No. 337-TA-378
  • Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles Containing Same, ITC Inv. No. 337-TA-372
  • Salinomycin Biomass and Preparations Containing Same, ITC Inv. No. 337-TA-370* (temporary exclusion order (TEO) proceeding only)
  • Bulk Bags and Process For Making Same, ITC Inv. No. 337-TA-338
  • Translucent Ceramic Orthodontic Brackets, ITC Inv. No. 337-TA-332


Publications

  • "Fed. Circ. Breaks Impasse On ITC Authority In Suprema," Law360 (August 12, 2015). Author: Lyle Vander Schaaf
  • "Battling Grey Market Imports? The ITC is Here to Help," Corporate Counsel (May 7, 2015). Author: Lyle Vander Schaaf
  • "Trade & Customs," Lawyer-Monthly.com (January 2, 2014). Author: Lyle Vander Schaaf
  • "Why ITC Is Still A Good Venue For Patent Disputes," Law360 (August 9, 2013). Author: Lyle Vander Schaaf
  • "Federal Circuit Affirms $11 Million Penalty for Deliberate Evasion of ITC Remedial Orders," Oxford University Journal of Intellectual Property Law & Practice (June 2012). Author: Lyle Vander Schaaf
  • "ITC Cases are on the Rise," National Law Journal (2004). Author: Lyle Vander Schaaf
  • Making Business Sense of the Singapore FTAs (Wong Chian Voen Ed.) (2004). Author: Lyle Vander Schaaf
  • "Thailand's Application of Post-Uruguay Round Antidumping Procedures in 2 DULPAHA," Trade Carrier ( April-June 1997). Author: Lyle Vander Schaaf
  • "The International Lending Supervision Act of 1983: Has It Had an Effect on the Latin American Debt Crisis? " The American University Journal of International Law and Policy (1987). Author: Lyle Vander Schaaf


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