The United States International Trade Commission (ITC) is a critical venue for intellectual property disputes. Section 337 investigations proceed quickly — often going to trial within eight to 10 months — and outcomes can have a major impact on a company’s short- and long-term future. To optimize the likelihood of successful outcomes, it is essential to engage counsel well-versed in ITC processes and procedures.
Over the past 20 years, McDermott’s lawyers have been involved in more than 60 Section 337 investigations. We have represented complainants and respondents alike in investigations involving a wide range of technologies, including computer hardware and software, mechanical devices and consumer electronics, among others. Our experience spans various causes of action, including patent, gray market trademark and copyright infringement, and trade secret misappropriation. In almost all cases, our investigations have involved concurrent litigation in federal district courts and/or post-grant proceedings before the Patent Trial and Appeal Board (PTAB), where members of McDermott have coordinated the representation.
McDermott’s ITC-focused team includes:
More broadly, McDermott’s global IP practice, which includes more than 30 lawyers with significant Section 337 experience as well as a diverse roster of multinational clients from the United States, Europe and Asia, provides the foundational knowledge and geographic depth necessary to strategically staff even the most uniquely challenging matters. In particular, the Firm’s strategic alliance with MWE China Law Offices in Shanghai has provided China-based companies with a local lawyer through which we have coordinated discovery and strategy on Section 337 investigations.
Our accomplishments at the ITC are regularly acknowledged by legal and industry publications, including Chambers USA, which has singled out McDermott for our work on “high-value…ITC investigations,” and The Legal 500 United States, among others. Our lawyers also remain active in leadership groups such as the ITC Trial Lawyers Association, AIPLA, Intellectual Property Owners Association’s (IPO) ITC Committee and other bar associations focused on the latest ITC/Section 337 developments.