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.