概览
大型企业纷纷求助于美国国际贸易委员会（ITC），以期解决其知识产权争议。相比美国联邦法院，ITC拥有若干核心优势，包括：调查申诉时高速快捷的流程；排除令（exclusion orders）等强有力的救济措施，而联邦法院并不能发出排除令。上述诉讼被称为“337调查”，绝大多数案件都涉及知识产权，包括指控进口商品侵犯专利权（包括实用新型专利及外观设计专利）及商标权（注册商标或受普通法保护的商标）。企业亦能够对进口货物提出其他形式的不公平竞争主张，包括反垄断申诉。337调查最主要的救济措施就是排除令，ITC发布命令，要求美国海关及边境保卫局（U.S. Customs and Border Protection）禁止货物进口到美国。企业亦可以申请停止令（cease-and-desist orders），禁止在美国销售已进口的侵权商品，或通过临时排除令（temporary exclusion orders）及停止令获得加速救济。
执业经验
- Representing Syensqo in a Section 337 investigation concerning polyvinylidene fluoride resins used in advanced battery applications. We successfully reversed an initial determination concerning the ITC’s jurisdiction over one respondent, resulting in reinstatement of that respondent and further evidentiary proceedings. We received a final initial determination that confirmed the validity of Syensqo’s asserted patent and infringement of all accused products, and also found that one respondent violated Section 337. Syensqo has a pending Petition for Review which challenges the initial determination of no importation for the remaining two respondents. The investigation remains ongoing alongside parallel litigation in Europe’s Unified Patent Court.
- Represented Oura Health in a coordinated ITC, district court, and Patent Trial and Appeal Board enforcement and defense campaign involving wearable technology patents, including offensive ITC investigations against competitors and defense of patent infringement claims asserted by Samsung. We successfully secured favorable resolution of certain claims at the Patent Trial and Appeal Board. The matter continues to involve parallel proceedings addressing next-generation smart wearable technology.
- Represented CRU Acquisition Group in a Section 337 patent case involving computer forensic devices used by law enforcement agencies. After the administrative law judge (ALJ) issued an initial determination finding no violation, the complainant chose not to appeal the decision, resulting in a decisive victory for the client.
- Represented Zhejiang Medicine Co., Ltd. (ZMC) in a Section 337 patent case involving Coenzyme Q10, one of the top-selling dietary supplements in the United States. The case was brought by Kaneka Corporation (Kaneka), a huge Japanese conglomerate. The ALJ issued an initial determination finding no infringement by ZMC and no domestic industry. After Kaneka appealed the ALJ’s decision, the ITC affirmed the ALJ’s ruling and terminated the investigation with a finding of no violation by ZMC.
- Represented three Canadian respondents in a design patent case involving wind and solar powered light posts. The investigation was terminated with no finding of violation based on the withdrawal of complaint.
- 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.
