Alert 06.07.24
Service
Pillsbury’s global IP litigation team has achieved winning results for complainants, respondents, intervenors and third parties in more than 100 Section 337 investigations involving a wide range of industries and technologies.
The U.S. International Trade Commission (ITC) is the go-to forum to resolve high-stakes IP infringement disputes, as well as other allegations of unfair acts and unfair competition in the importation of articles into the United States. While most Section 337 investigations involve allegations of patent infringement, the ITC can also investigate allegations of trademark and copyright infringement, trade secret misappropriation, false advertising, breach of contract, and other forms of unfair competition. Investigations proceed expeditiously, with trial in 7-9 months, and a final decision, on average, between 17 and 18 months. As a remedy, the ITC can issue powerful injunctive relief, called an exclusion order, which prohibits the importation of covered articles into the United States.
Pillsbury’s global Section 337 litigation practice is comprised of IP litigators and first chair trial lawyers with decades of combined experience. This includes several lawyers whose primary focus is litigating Section 337 investigations and related matters before U.S. Customs. Many of our professionals also have advanced technical degrees in electrical and mechanical engineering, life and computer sciences, and other relevant disciplines, allowing Pillsbury to assemble a litigation team specifically tailored to any investigation. All of Pillsbury’s Section 337 litigators are fully versed in the ITC’s unique Rules of Practice and Procedure and each Administrative Law Judge’s ground rules.
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This highly experienced team has litigated investigations involving allegations of utility and design patent infringement, trademark and copyright infringement, trade secret misappropriation, and false advertising. Pillsbury’s ITC clients have come from a wide variety of industries, including consumer electronics, semiconductor design and manufacturing, networking equipment, medical devices, power tools, industrial machinery, and automotive parts. Our lawyers have experience in all phases of a section 337 investigation, from violation to enforcement, modification, and bond forfeiture, through appeal to the Court of Appeals for the Federal Circuit.
As ITC counsel, Pillsbury takes a pragmatic, results-driven approach that prioritizes strategic thinking and proven litigation tactics while avoiding unnecessary detours and disputes that only serve to increase cost. Our advice considers not only the immediate legal issues, but our clients’ business objectives, budget goals, and broader litigation strategy, putting Pillsbury’s clients in the best possible position to obtain a favorable result. Pillsbury’s ITC team includes litigators and legal staff across the United States and in Asia, allowing us to service our clients in real-time, regardless of where they are located or what language they speak.
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