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.
Our team fits the bill. We offer the full breadth and depth of experience with ITC Section 337 investigations to help you navigate the ITC’s unique processes and procedures, whether you are the complainant or respondent. We also have a history of securing favorable outcomes on behalf of our clients, allowing them to continue selling their products and gain market share in the US.
In today’s global economy, the ITC has become a popular forum to resolve IP disputes swiftly, often with simultaneous litigation in federal district courts and/or with post-grant proceedings before the Patent Trial and Appeal Board. Adding to the complexity, ITC investigations involve not only patent rights, but trademarks, copyrights and trade secret misappropriation. Our IP team delivers the ideal combination of technical understanding, business savvy and legal experience to help you move quickly and successfully navigate the process.
Over the past 20 years, our lawyers have been involved in more than 60 ITC Section 337 investigations in a wide range of technologies, including computer hardware and software, telecommunications, mechanical devices and consumer electronics, among others. Our team includes former lawyers from regulatory and enforcement authorities, along with a 12-year veteran of the ITC, who is the only person to have held positions in the Office of the General Counsel, the Office of the Chairman and the Office of Unfair Importation. We collaborate constantly with these experienced thought leaders within our Firm to provide strategic plans, not just analysis, for our diverse roster of multinational clients.
With our global IP practice, you benefit from flexible, 24/7 service operating across geographies and time zones to enforce your IP rights. When you have questions, you can count on us to be available with clear answers.