Major corporations are increasingly turning to the US International Trade Commission (ITC) to resolve their intellectual property disputes. The ITC provides several key advantages over the federal courts, including a highly accelerated procedure for investigating complaints and powerful remedies in the form of exclusion orders that are not available in federal courts. Known as “Section 337” investigations, these proceedings typically involve intellectual property rights, including allegations that imported goods have infringed patents (including utility and design patents) and trademarks (whether registered or common law). Companies can also assert other forms of unfair competition involving imported products, including antitrust claims.


  • Computer Forensic Devices and Products Containing Same, Inv. No. 337-TA-799. Represented respondent, CRU Acquisition Group, in Section 337 patent case involving computer forensic devices used by law enforcement agencies. After a week-long trial in August 2012, the ALJ issued, on October 26, 2012, an initial determination finding no violation of Section 337.  The complainant chose not to appeal the decision, resulting in a decisive victory for our client.

  • Coenzyme Q10 Products and Methods of Making Same, Inv. No. 337-TA-790. Representing, as lead counsel, Zhejiang Medicine Co., Ltd. in a patent case under Section 337 involving Coenzyme Q10, one of the top-selling dietary supplements in the United States. The case was brought by Kaneka Corporation, a huge Japanese conglomerate. After a week-long trial in July 2012, the ALJ issued, on September 27, 2012, an initial determination finding no infringement by ZMC and no domestic industry.  Kaneka appealed the ALJ’s decision to the full Commission.  On November 29, 2012, the Commission issued a notice affirming the ALJ’s ruling and terminating the investigation with a finding of no violation by ZMC.

  • Wind and Solar-Powered Light Posts and Street Lamps, Inv. No. 337-TA-736. Represented three respondents in Canada in design patent case involving wind and solar powered light posts. Investigation was terminated with no finding of violation based on withdrawal of complaint.

  • Toner Cartridges and Components Thereof, Inv. No. 337-TA-731. Served as lead counsel for several respondents, including Seine and Ninestar, the largest remanufacturers of toner and inkjet cartridges in the world, in an ITC investigation alleging patent infringement brought by Canon. The case settled, with no admission of liability, after extensive discovery and submission of expert reports.

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