ITC Section 337 Litigation

While Section 337 investigations at the U.S. International Trade Commission (ITC) are not known in common parlance, they are all too familiar to multinational corporations. The ITC has the power to order U.S. Customs and Border Protection to exclude the infringing articles from entry into the U.S., and may also issue a cease and desist order prohibiting the respondent from selling infringing articles that have already been imported.

For this reason, the stakes are incredibly high for parties accused of importing infringing products. For patent holders, Section 337 litigation may represent a significant remedy to force capitulation by infringers. In fact, a finding of infringement may have immediate and serious impact along the entire supply chain.

Contributing to the high stakes, Section 337 litigations are notoriously fast paced, requiring tremendous litigation resources be brought to bear within a relatively short period of time. The speed factor may render the litigations particularly costly, a consideration particularly relevant to startups and businesses in thin-margin industries.

IPLL’s ITC trial lawyers have represented both complainants and respondents in these fast-paced, high-stakes cases. Our practice spans all facets of Section 337 investigations, including pre-complaint preparations, litigating cases through hearing, working with Customs during proceedings and appealing matters to the Court of Appeals for the Federal Circuit. Our experience also spans across numerous technologies, from semiconductors and flash memory to medical devices. The startup nature of our firm combined with litigators possessing years of experience also means tremendous cost savings for our clients. We represent complainants and respondents from around the world effectively and efficiently.