The outcome of a US International Trade Commission (ITC) investigation can result in aftershocks that affect both the immediate and long-term future of your business and intellectual property (IP) lifecycle. At the heart of an ITC Section 337 proceeding is the question of whether an imported product violates US intellectual property rights.
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 there is a finding of infringement, the ITC can ban the importation or sale of imported goods in the United States, or you could lose market access in the United States 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 the industry and the ability to manage the complex, fast-paced nature of ITC investigations through trial.
Ranked nationally in the United States for ITC litigation
The world’s leading patent practitioners recognized McDermott nationally, internationally
McDermott "offers a one-stop shop for clients seeking seamless representation in disputes involving an ITC component and federal court litigation."
Recognized as one of the leading IP firms
Singled out for our work on “high-value…ITC investigations”
Achieved a series of victories before the Patent Trial & Appeal Board, the US Court of Appeals for the Federal Circuit and the ITC on behalf of Traeger Pellet Grills LLC in its ongoing litigation against GMG Products LLC regarding patents related to cloud-connected grill technology. The ITC found that GMG was in violation of Section 337 and issued a limited exclusion order against GMG
Secured a favorable settlement on behalf of RoboSense (Suteng Innovation Technology Co., Ltd.) just a few weeks before trial in an ITC investigation opposite Velodyne Lidar related to LiDAR technology
Secured a final determination of no infringement on behalf of ZTE Corporation in an ITC investigation regarding 3G and 4G/LTE networking technologies
Secured a final determination of no infringement on behalf of Analog Devices, Inc. and Linear Technology Corporation in an ITC investigation regarding wireless mesh networking devices
Secured a favorable decision from the Federal Circuit on behalf of Koki Holdings America Ltd. and adverse to Kyocera Senco Brands, Inc. In a precedential opinion authored by the Federal Circuit’s chief judge, the Court reversed the ITC’s finding that Koki had violated Section 337 with respect to one patent and affirmed the ITC’s separate findings in Koki’s favor with respect to four other patents
Counseled Panasonic Holdings Corporation in several matters before the ITC, including matters that resulted in an initial determination of no infringement, invalidity and no domestic industry and settled favorably on the eve of trial
Successfully defended Target Corporation on behalf of its indemnitor Feit Electric Company, Inc. 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