Section 337 Investigations

We have advised on and tried some of the largest, most complex and precedent-setting Section 337 cases investigated by and litigated before the U.S. International Trade Commission (ITC) and the U.S. Court of Appeals for the Federal Circuit. We represent both complainants and respondents in ITC proceedings and related appeals, helping our clients protect their market access and assets via Section 337 and defending them from allegations of unfair acts.

Extensive Experience with ITC Proceedings

Our lawyers have successfully represented clients in a wide range of Section 337 investigations, including matters involving allegations of patent infringement and other unfair acts related to imported products. We regularly assist clients whose products and supply chains are affected by ITC enforcement activity.

We frequently work on investigations involving technologies commonly addressed under Section 337, including semiconductors, electrical, computer‑related, and mechanical technologies, as well as medical devices and diagnostic products.

Multidisciplinary Section 337 Capabilities

Section 337 investigations require coordinated legal, technical, and procedural expertise. Our core team brings together experience across the disciplines necessary to litigate these matters, including:

  • Patent litigation and technical analysis
  • Hearing and procedural practice before the ITC
  • International trade considerations relevant to importation, domestic industry, the remedies available under the statute, and the public interest 
  • Inter partes review and ex parte reexamination proceedings before the U.S. Patent and Trademark Office
  • Intellectual property appellate litigation
  • Governmental relations considerations affecting ITC remedies and Presidential review

Our professionals include engineers, scientists, and programmers with technical training and industry experience, including individuals with advanced degrees, who support the development and presentation of technical evidence.

Trade, Remedy, and Public Interest Issues

Our team regularly advises on the international trade aspects of Section 337 investigations, including issues related to importation, domestic industry, remedy, bond, and public interest. We also assist clients with procedural and regulatory considerations unique to ITC practice, including matters that arise during public‑interest submissions and Presidential review.

Appellate Representation

Section 337 investigations may continue through appeal. Our Washington, D.C.–based appellate lawyers handle intellectual property appeals before the U.S. Court of Appeals for the Federal Circuit, which has jurisdiction over ITC decisions, as well as proceedings before the U.S. Supreme Court when applicable. This allows for continuity of strategy from the investigation stage through final resolution.

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