ITC Section 337 Proceedings

Overview


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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Results


  • 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 (ITC Inv. No. 337-TA-868)
    • Certain Wireless Devices with 3G Capabilities and Components Thereof (USITC Inv. No. 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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People


A diverse, global network of industry-leading talent committed to you and your vision.

Key Contacts


Paul M. Schoenhard

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Jay H. Reiziss

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ITC Section 337 Proceedings

Insights & Events / Media

IP Update / October 2017

Detroit, Michigan / Speaking Engagements / July 10, 2017

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