ITC Litigation Services | ITC Section 337 Proceedings | McDermott

ITC Section 337 Proceedings


The outcome of a United States International Trade Commission (ITC) investigation can create aftershocks that affect both the immediate and long-term future of your business and IP lifecycle. At the heart of ITC Section 337 proceedings is the question of whether an imported product violates US intellectual property rights. If there is a finding of infringement, the ITC can ban the importation or sale of imported goods in the US.

With our business-first perspective on ITC investigations, we understand the urgency and necessity of securing a favorable outcome to protect and enforce your ability to remain operational. If you sell a product that is found to infringe on US IP rights, you could lose market access in the US and experience disruptions to your supply chain. And it happens quickly. To optimize the likelihood of success, you need an agile team with a deep understanding of your industry and technology, along with the ability to manage the complex and fast-paced nature of ITC investigations through trial.

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  • Successfully defended Target Corporation on behalf of its indemnitor Feit Electric Company in a Section 337 investigation brought before the ITC by the University of California Santa Barbara involving four patents covering vintage-style filament LED lightbulbs. In the Matter of Certain Filament Light-Emitting Diodes and Products Containing Same (USITC 337-TA-1172)
  • Complete victory for ZTE (USA), a multinational telecommunications equipment and systems company, in a Section 337 investigation at the ITC related to five patents. In the Matter of Certain LTE- and 3G-Compliant Cellular Communications Devices (USITC 337-TA-1138; 337-TA-1138)
  • Secured a favorable ruling from the United States Customs and Border Protection (CBP), Intellectual Property Rights Branch on behalf of Koki Holdings America Ltd., holding that the company’s redesigned nail guns were not subject to a limited exclusion order issued by the ITC and would therefore be permitted entry into the United States. In the Matter of Certain Gas Spring Nailer Products and Components Thereof (USITC 337-TA-1082)
  • Successfully defended leading high-tech semiconductor company Analog Devices, Inc. and its subsidiary Linear Technology LLC in a Section 337 investigation at the ITC involving four patents related to wireless mesh network devices. In the Matter of Certain Wireless Mesh Networking Products and Related Components Thereof (USITC 337-TA-1131)
  • Complete victories for ZTE Corporation and ZTE USA, a Chinese manufacturer and seller of mobile phones and other devices, in three investigations covering a total of thirteen patents:
    • Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof (USITC 337-TA-868)
    • Certain Wireless Devices with 3G Capabilities and Components Thereof (USITC 337-TA-800)
    • Certain Wireless Consumer Electronics Devices and Components Thereof (USITC 337-TA-853)
  • Secured several successful outcomes for Panasonic, including:
    • A favorable settlement for both Panasonic and Nintendo in an ITC investigation instituted by a non-practicing entity, Optical Devices LLC. In the Matter of Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (USITC 337-TA-897)
    • A victory in an ITC investigation involving Black Hills Media and accusations of infringement relating to five US patents. In the Matter of Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (USITC 337-TA-882)
  • A complete victory for Funai Electric, a Japanese manufacturer of consumer electronics under the Magnavox, Sylvania, Emerson and Philips brand names, involving allegations that certain patents were essential to the practice of several wireless and video standards used throughout the industry. In the Matter of Certain Audiovisual Components and Products Containing the same (USITC 337-TA-837)

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