ITC Section 337 Proceedings

Under Section 337 of the Tariff Act of 1930 (Section 337), investigations are conducted by the U.S. International Trade Commission (ITC) and address allegations of unfair practices in import trade, including intellectual property infringement and other unfair methods of competition. As a part of the firm’s comprehensive intellectual property law practice, our attorneys are deeply experienced in helping clients navigate the complexities of ITC Section 337 proceedings. Our practice is dedicated to protecting our clients’ intellectual property rights and to help ensure fair competition in the marketplace. We understand the often high-stakes nature of these cases, which involve allegations of patent infringement, trademark/ trade dress infringement, copyright infringement, trade secret misappropriation, and other unfair practices related to imported goods.

ITC investigations are fast paced, with time to trial often less than a year. The default remedy is an injunction, resulting in the exclusion of the accused products derived from unfair trade practices. We understand the importance of these proceedings to both protect American business interests for complainants and avoid outright exclusion from the U.S. market for respondents. Our attorneys have the experience and bandwidth to protect your interests in these high stakes cases.

Our attorneys provide broad Section 337 representation that includes:

• Pre-Institution Investigations: We provide strategic guidance during the pre-complaint phase, helping clients assess the viability of their claims or claims brought against them and prepare for potential litigation.
• Litigation and Trial: Our attorneys have extensive experience litigating Section 337 cases before the ITC’s Administrative Law Judges (ALJs). We are well-versed in the unique procedures and aggressive timelines of ITC proceedings.
• Enforcement and Defense: We represent complainants navigating exclusion orders, including negotiating with Customs and Border Patrol (CBP). Our team is skilled in working with various governmental agencies to enforce or comply with exclusion orders.
• Appeals: We handle appeals before the Federal Circuit, ensuring that our clients’ interests are vigorously represented at every stage of the process.
• Post-Issuance Advice: Our practice extends beyond the courtroom, offering business advice on the implications of ITC remedies and assisting clients in compliance with enforcement actions.

Our experience with Section ITC proceedings includes, but is not limited to:

• Represented beverage company in defensive and offensive patent-based ITC investigations relating to blow-molding plastic bottles and drink machines.
• Represented leading worldwide tolling systems provider in a multi-patent ITC action brought by a competitor.
• Represented major electronics manufacturer in multiple ITC proceedings concerning wireless communication technologies.
• Represented major consumer electronics manufacturer relating to Light-Emitting Diode (LED) technology.
• Represented major consumer electronics manufacturer relating to media devices such as televisions, home theater systems, tablets, mobile phones, and blu-ray disc players.
• Represented global manufacturer of fitness and wellness equipment in an enforcement proceeding relating to video streaming technology at the International Trade Commission.

We have represented clients ranging from entrepreneurs to Fortune 500 companies in matters involving an array of products and services across a wide variety of industries including, but not limited to, semiconductors, consumer electronics, agriculture, software, hardware, financial institutions, education, energy, biotechnology, consumer products, industrial equipment, restaurant, and hospitality. Our experience in disputes, large and small, enables us to effectively tailor our representation to fit each client’s needs.

Proven Record: Our attorneys boast an impressive record of managing a wide range of Section 337 proceedings. We work hard to secure achievable outcomes for our clients, and our strategic approach has made us a trusted advisor for companies seeking strong protection of their intellectual property rights.

Extensive Technical Expertise: By drawing on the deep knowledge of our intellectual property practice, our attorneys possess the technical acumen necessary to understand and address the most intricate aspects of each case, ensuring that our clients receive the highest level of service and advocacy. Our attorneys include registered patent attorneys and former practicing engineers with degrees in the electrical, computer, chemical, mechanical, environmental, bioscience, systems software, civil and other engineering, and scientific disciplines. Several of our attorneys have attained advanced master’s or doctorate degrees in these disciplines as well.

Recognized by Others: Snell & Wilmer’s Intellectual Property attorneys are recognized in national legal rankings such as Super Lawyers®, The Best Lawyers in America®, IAM Patent 1000, The Legal 500, World Trademark Review, U.S. News Media Group, and Managing Intellectual Property, among other public recognition. Our lawyers participate in a variety of professional organizations including various sections of the International Trademark Association (INTA), American Intellectual Property Law Association (AIPLA), American Bar Association (ABA) and others.