ITC Litigation

Morrison & Foerster is one of the nation’s leading and most active firms in the representation of clients before the U.S. International Trade Commission (ITC) under the unfair imports provision (Section 337) of the U.S. Tariff Act. We are routinely recognized in the ITC category in numerous third-party rankings, including Chambers USA and Legal 500. The firm has counseled and represented domestic and foreign clients on international trade litigation such as EchoStar, Toshiba, Sharp, Fujitsu, Hitachi, Altera, and Kyocera.

The firm maintains the insightful MoFo@ITC blog, which delivers ITC trends, news, and statistics on international trade litigation rulings and decisions. Our 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 at the ITC.

Section 337 proceedings provide a mechanism for both domestic and foreign owners of U.S. intellectual property rights to block the importation of infringing products into the U.S. The firm has represented both complainants and respondents in more than 50 Section 337 investigations, and our attorneys have experience before nearly all administrative law judges at the ITC.

Morrison & Foerster combines detailed knowledge of Section 337 practice and the ITC with extensive trial and litigation experience in federal district courts and the Federal Circuit. We also have extensive experience in enforcement of ITC exclusion orders before the ITC and U.S. Customs and Border Protection.

We are active in the leadership of the ITC Trial Lawyers Association, the Intellectual Property Owners Association ITC Committee, the AIPLA, and other bar associations that keep current with Section 337-related developments. Because of the number and complexity of Section 337 cases that we have handled, many of our litigation attorneys have direct experience with international trade litigation before the ITC.

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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