ITC Litigation

Because of its fast-moving docket, the global impact of its outcomes, and its knowledgeable commissioners and administrative law judges, the International Trade Commission (ITC) has been a popular forum for businesses seeking to protect their valuable intellectual property (IP) assets. Clients from every corner of the U.S. and around the world hire us to go to work on behalf of their brand names and bottom lines. We have won, favorably settled, or had dismissed more than 50 ITC investigations on behalf of both complainants and respondents.

With so many IP disputes involving complex technology patents, a thorough understanding of both the scientific issues and the legal and litigation strategies involved is essential to a successful outcome at the ITC. We can bring IP practitioners with advanced degrees in engineering, chemistry, and other scientific fields to a matter and create the strongest possible team for each client.

We are also nationally recognized thought leaders among peer ITC practitioners. Our team includes a past president of the ITC Trial Lawyers Association, a past president of the American Intellectual Property Lawyers Association, and an ITC Senior Statesperson as recognized by Chambers.

We have experience on both sides of the table, having represented both complainants and respondents in Section 337 investigations. This experience helps us begin discovery efficiently, so we can identify defects in complaints early in the process and determine how to bring dispositive issues before the Commission early in the process. As a global firm, we also can call on a deep bench of tech-savvy IP litigators and patent attorneys who can jump in to staff a new ITC case and get up to speed quickly.

We have had success for our clients under the ITC’s 100-Day Program, created to fast-track a discrete and manageable issue so it can be resolved on an expedited schedule. While not all cases are eligible, we know how to use this program to our clients’ advantage when the circumstances are favorable.

Our attorneys also have experience before all six of the current Administrative Law Judges. We know their courtroom styles, as well as how they tend to address substantive issues. MoFo’s team of ITC litigators includes the former director of the ITC’s Office of Unfair Import Investigations (OUII), who was responsible for overseeing the work of ITC staff attorneys on more than 500 Section 337 investigations during her 25-year tenure.

IP Practice Group of the Year in 2013, 2015 and 2016

Chambers Global 2018
Global: Intellectual Property
Asia-Pacific Region: Intellectual Property
China: Intellectual Property: International Firms
Japan: Intellectual Property: International Firms
United States: Intellectual Property (Patent)
United States: Intellectual Property (Section 337)

Chambers USA 2017
National: Intellectual Property
National: International Trade: Intellectual Property (Section 337)
California: Intellectual Property
California: Intellectual Property (Patent Prosecution)
New York: Technology & Outsourcing
Washington D.C.: Intellectual Property (Litigation)
Washington D.C.: Technology & Outsourcing

Chambers Asia-Pacific 2018
Japan: Intellectual Property: International Firms
Asia-Pacific Region: Intellectual Property

U.S. News – Best Lawyers® Best Law Firms 2018
National: IP Litigation (Tier 1)
National: Patent Litigation (Tier 1)
National: Patent Law (Tier 1)
Los Angeles: IP Litigation (Tier 1)
Los Angeles: Patent Litigation (Tier 1)
San Diego: IP Litigation (Tier 1)
San Diego: Patent Litigation (Tier 1)
San Diego: Patent Law (Tier 1)
San Francisco: IP Litigation (Tier 1)
San Francisco: Patent Litigation (Tier 1)
San Francisco: Patent Law (Tier 1)
Washington D.C.: IP Litigation (Tier 1)
Washington D.C.: Patent Litigation (Tier 1)

The National Law Journal 2016
IP Hot List

Legal 500 US 2018
Patent Litigation: ITC
Patent Litigation: Full Coverage
Patents: Portfolio Management and Licensing
Patent: Prosecution (Including re-examination and post-grant proceedings)
Trade Secrets
Trademarks: Litigation

Legal 500 Asia-Pacific 2018
China: Intellectual Property: Foreign Firms
Hong Kong: Intellectual Property
Japan: Intellectual Property: International Firms and Joint Ventures

Managing IP: American Awards Shortlist 2018
United States: Appellate
United States: Life Sciences IP Litigation
United States: ITC
Japan: Patent – Foreign Firms

IAM Patent 1000 2017
California: Litigation (Gold)
California: Transactions (Highly Recommended)
California: Prosecution
Hong Kong: Litigation & Transactions
Japan: Litigation and Licensing (Highly Recommended)
National: Transactions
National: Litigation
Washington D.C.: Litigation

LMG Life Sciences 2017
Hatch-Waxman Patent Litigation
Patent Prosecution (Highly Recommended)
Patent Strategy and Management (Highly Recommended)

MoFo at ITC
Blog: Tracking Patent Litigation at the ITC

National Law Journal - 2016 IP Hot List

Law 360 - IP Practice Group of the Year
IP Practice Group of the Year 2015, 2013

Related Resources:

ITC Intro to Section 337
An Introduction to Section 337 Proceedings at the ITC

Anticipated ITC timeline
Anticipated ITC Timeline

ITC section 337 FAQs
ITC 337 Frequently Asked Questions

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