Press Release

Morrison & Foerster Launches ITC Blog

MoFo@ITC analyzes ITC legal developments, presents decisional statistics

14 Sep 2015

WASHINGTON, D.C. (September 14, 2015) – Morrison & Foerster introduces MoFo@ITC, a new blog reporting on the latest news, legal developments, trends, and statistics on patent infringement and other intellectual property-based actions (Section 337 investigations) at the U.S. International Trade Commission (ITC). The blog can be found at http://mofoatitc.mofo.com/ or on Twitter at @MoFoITC.

“We conceived of MoFo@ITC as a user-friendly resource for clients to stay current on legal and procedural developments at the ITC,” said MoFo IP litigation partner Daniel Muino. “We offer practical guidance for those facing specific challenges in ongoing investigations, as well as statistics and other information for those contemplating initiating an ITC action or formulating a defense.” 

The ITC continues to be an active venue for the adjudication of intellectual property (IP) disputes, with 22 new investigations instituted in 2015 through August. With its own unique set of procedures, jurisdictional requirements, administrative law judges highly experienced in IP issues, and injunctive remedies, the ITC is an important forum for the enforcement of patent and other IP rights, but can be challenging for parties to navigate.

MoFo@ITC delivers updates and insights on the most significant Commission and Administrative Law Judge (ALJ) decisions, ITC-related Federal Circuit rulings, and decisional trends, as well as practice tips on ITC procedural issues. The blog also offers up-to-date ITC statistics, including the numbers of investigations instituted by year; decisional stats showing violations, infringement, and validity findings, and domestic industry determinations, broken down by ALJ; and information on pending Federal Circuit appeals from ITC cases.

The blog was developed by Mr. Muino, who has been litigating IP matters for nearly 15 years, including investigations at the ITC. The blog is co-edited by two other leading ITC specialists in the firm’s Intellectual Property Group: Brian Busey, who has litigated more than 30 cases before the ITC and has served as the president of the ITC’s Trial Lawyers Association; and Lynn Levine, former Director of the ITC’s Office of Unfair Import Investigations, who was responsible for overseeing the work of ITC staff attorneys on more than 500 ITC investigations during her 25-year tenure.

“MoFo’s lawyers are well-versed in these types of matters,” said Ms. Levine. “We have represented both complainants and respondents in numerous Section 337 investigations, and our attorneys have appeared before nearly all of the currently serving administrative law judges at the ITC. We have litigated cases from start to finish — from preparing the complaints, to representing parties at evidentiary hearings, to arguing ITC cases on appeal in the Federal Circuit.”

Morrison & Foerster is one of the nation’s leading and most active firms in the representation of clients before the ITC. We are routinely recognized in the ITC category in numerous third-party rankings, including Chambers USA and Legal 500 rankings. The firm has counseled and represented domestic and foreign clients in more than 50 Section 337 investigations before the ITC, including EchoStar, Toshiba, Sharp, Fujitsu, Hitachi, Altera, and Kyocera.

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