Skip to main content

Section 337 Investigations

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. With the fast pace, special procedures, 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. We have acted as lead counsel in multiple ITC trials for both accused infringers and patent holders, and have successfully resolved dozens of cases before trial.

  • 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: Expensive 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: Our deep experience on both sides of unfair-import investigations — and the underlying IP (utility and design patents, registered and common law trademarks, copyright, etc.) as well as antitrust/competition issues, leads to better remedies for our clients.

Experience Highlights

  • Cadence Design Systems in patent infringement action brought at the ITC relating to semiconductors and how they are designed.
  • Nike in six-patent litigation against major German competitor at the ITC over key knitted footwear technology.
  • Crocs in litigation against approximately thirty distributors and retailers of knock-off footwear at the ITC over claims for trademark infringement, dilution, and false designation of origin.
  • Heraeus in prosecuting multiple actions for trade secret misappropriation actions centered on key formulas involved involving its bone cement technology specifications in U.S. district courts and before the ITC, where we successfully obtained a final decision for trade secret misappropriation, and in defending against a trade secret misappropriation action involving sales and marketing information in the ITC, where we successfully obtained a final decision of no misappropriation.
  • Hologic in securing a complete win and recommended limited exclusion order before an ALJ in an ITC investigation of a four-patent infringement complaint involving mammography imaging technology, which led to a favorable settlement.
  • Converse in successfully enforcing trade dress rights in the iconic Converse Chuck Taylor All Star sneaker, in what has been considered the largest Section 337 trademark investigation before the ITC, with over 30 active respondents at one point. The Commission recently issued the second of two General Exclusion Orders and Customs and Border Patrol is now actively enforcing the GEOs.
  • Crocs in successfully concluding a long-running ITC investigation with a rare general exclusion order blocking the importation of all shoes that infringe Crocs' U.S. patents, regardless of the source of the infringing shoes. The firm continues to work with Crocs and the Customs and Border Patrol to enforce the ITC's general exclusion order at various ports of entry into the U.S.

Key Contacts

David A. Caine
David A. Caine
Silicon Valley
+1 650.319.4710
Philip W. Marsh
Philip W. Marsh
Silicon Valley;
Washington, D.C.
+1 650.319.4733 +1 202.942.5889
See All Related Professionals

Related Services