Section 337 Investigations | Intellectual Property | Capabilities

In a global market, with technology and other consumer products increasingly imported into the United States, the U.S. International Trade Commission (ITC) has become an important forum for the resolution of intellectual property disputes, especially patent infringement. Arnold & Porter offers clients the distinct advantage of a skilled team recognized for its experience and expertise in Section 337 litigation before the ITC. Our ITC team draws on the firm’s strengths in IP Litigation and International Trade to deliver seamless results across each phase of a Section 337 Investigation. We work closely with U.S. Customs and Border Protection (CBP) to ensure the proper enforcement of ITC exclusion orders and to seek Part 177 rulings to adjudicate potential redesigns. We also have experience working with the Office of the United States Trade Representative (USTR) during the 60-day presidential review period.

With the fast pace, special rules, and powerful remedies in Section 337 cases, our clients depend on our insight into the ITC's procedures, administrative law judges, and staff to best protect their interests.

Technical Expertise: With advanced degrees in science and engineering, our litigators excel at distilling complex technical issues and making them understandable and compelling in the context of motions, Markman hearings, summary determination, trial, post-trial briefing, and appeal.
Experience Across Diverse Industries: Expansive experience litigating in numerous fields, including pharmaceuticals, biotech, chemicals, medical devices, consumer electronics, wireless technologies, telecommunications, IT, computers, fiber optic and communications equipment, the Internet and cloud-based applications, semiconductors, software, and design patents.
Comprehensive Coverage: Beyond patent infringement, our ITC litigators have participated in Section 337 Investigations involving the full scope of unfair acts, including trade secret theft, counterfeiting and gray market goods, false advertising, and antitrust/competition issues.