Section 337 Investigations

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Section 337 Investigations

RELATED AREAS

Appellate, Constitutional and Administrative Law
Intellectual Property
International Trade/WTO
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Overview

King & Spalding attorneys have been involved in some of the largest, most complex and precedent setting Section 337 cases ever litigated at the U.S. International Trade Commission. Unique among firms, King & Spalding has specialized expertise in the disciplines necessary to litigate Section 337 investigations at the ITC:  broad-based patent litigation experience and technical expertise, extensive hearing experience at the ITC, expertise in international trade and the ITC’s  procedures, intellectual property appellate expertise, and  top-tier governmental relations expertise. We have represented clients in bet-the company litigation; one of our recent Section 337 investigations was described as one of the largest patent cases ever brought.

Our Section 337 Expertise

Our Section 337 patent litigation team combines significant litigation expertise with a strong technical background. Our attorneys have conducted numerous hearings at the ITC over the last 10 years. We also have tried more than 100 cases to judgment in the district courts, argued over 100 appellate cases, including before the U.S. Supreme Court, had more than 200 cases decided on summary judgment, conducted more than 60 Markman hearings and had over 500 cases settled favorably prior to trial. We are particularly deep in electrical, computer, and mechanical patent expertise, which comprise the majority of investigations at the ITC under Section 337. Our professionals include engineers, scientists and programmers with decades of industry experience across diverse industries and specialties, including more than 20 Ph.D.s, in a wide range of disciplines. Our Section 337 patent lawyers have been nationally recognized by Chambers, Managing IP Magazine, Best Lawyers in America, SuperLawyers, and IAM 1000, among others.  Our ranks include a Past President of the ITC Trial Lawyers Association, recommended by IAM 1000 “The World’s Leading Patent Practitioners” as a leading ITC Section 337 practitioner, and current Executive Committee member and officer of the ITC Trial Lawyers’ Association.

Our Section 337 international trade lawyers bring unique skills and perspectives to the domestic industry, remedy, importation, public interest, enforcement, international trade, and procedural aspects of Section 337 investigations. The group includes a roster of former government officials, including many former ITC officials. In addition, a former King & Spalding lawyer is currently a Commissioner on the ITC. Our international trade lawyers also have been active in Section 337 legislative initiatives, including crafting amendments to Section 337 in the Omnibus Trade and Competitiveness Act of 1988 and assisting Congress in 1994 to amend Section 337 so as to bring it into compliance with the GATT’s requirement of “national treatment.”

Our Government Relations lawyers have the experience and expertise to manage the government relations aspects of Section 337 investigations and to assist clients with relevant legislative initiatives. These include the public interest and presidential review aspects of Section 337 investigations.

Finally, our D.C.-based national appellate practice group specializes in intellectual property appeals before the U.S. Court of Appeals for the Federal Circuit, which hears Section 337 appeals. The head of our appellate practice, a former Principal Deputy in the Office of the Solicitor General, has been recognized by Chambers USA and is “highly  recommended” by Benchmark for handling Federal Circuit appeals.

Recognitions

  • Ranked as one of the top five IP Practice Groups of the Year 2012, Law360 recognized King & Spalding’s IP Group for its focus on patent litigation and specifically recognized its expertise in ITC Section 337 investigations.  
  • King & Spalding received a National Ranking for Section 337 Litigation in Managing Intellectual Property’s 2014 world IP survey. 
  • In the 2013 edition of U.S. News & World Report’s “Best Law Firm” survey, King & Spalding earned a national ranking for its International Trade practice.
  • In 2012, Law360 selected King & Spalding’s International Trade Practice as a  “practice of the year.” 
  • The National Law Journal named King & Spalding to its 2011 Appellate Hot List.
  • Chambers USA 2008 and 2009 selected the firm’s International Trade Practice for its Award for Excellence. 
  • King & Spalding’s Appellate and Supreme Court practices were ranked among the best in the United States in the 2012 edition of the Legal 500.
  • The firm was chosen by U.S. News & World Report and Best Lawyers as the “Law Firm of the Year” for government relations. Only one law firm per legal practice is recognized as a “Law Firm of the Year”.

Additional recognitions for our practitioners include: Chambers USA, Corporate Counsel’s “Who Represents America’s Biggest Companies?” survey of the Fortune 250 (top three national ranking), IP Law & Business Magazine, The Best Lawyers in America, Legal 500, The International Who’s Who of Business Lawyers(Patents & Trademarks), Euromoney Publications’ Guide to the World’s Leading Patent Law Experts, Montclair’s Who’s Who Directory of Industry Leaders from Around the World, SuperLawyers, US News Best Law Firms and Best Lawyers, Intellectual Property Today, IAM 1000: The World’s Leading Patent Practitioners, World Trademark Review and World's Leading Trademark Law Experts

Gilbert B Kaplan 
T: +1 202 661 7981 WASHINGTON, D.C.
Robert F Perry 
T: +1 212 827 4350 NEW YORK
Holmes J Hawkins III 
T: +1 404 572 2443 ATLANTA