ITC Section 337 Investigations

Practices

Lerner David couples extensive patent litigation experience with the ability to move swiftly to navigate the complexities in Section 337 investigations at the U.S. International Trade Commission ("ITC").  Bolstered by technical acumen that is second to none, Lerner David has led scores of multinational clients across diverse industries and technologies on patent infringement matters with trade implications at the ITC.  Our lawyers have served as lead trial counsel for both complainants and respondents at the ITC and have acted as shadow or monitoring counsel on many other investigations.   

The experience of our ITC team includes obtaining the extraordinary award of a General Exclusion Order (“GEO”) for a leading manufacturer of cases for portable electronics.  The client’s GEO was preceded by the initiation of the investigation against dozens of domestic and foreign respondents, a successful Markman Hearing, and resolution with the last remaining respondent at trial.  That GEO was successfully defended against collateral attacks at the Federal Circuit and multiple other venues and continues to be enforced at the borders today.  Our team members have likewise successfully defended respondents at the ITC against numerous patent infringement claims and obtained early dismissals.  

Lerner David understands the inner-workings of the ITC and works cooperatively with ITC staff and ALJs to bring about favorable rulings for our clients.  When the investigation if over, our team is also skilled in how to confront or enforce exclusion orders, including GEOs.  We have years of experience working with U.S. Customs and Border Control, Homeland Security’s Office of International Trade Investigations and Rulings, the International Trade Field Office of the Department of Justice, and various other international trade organizations and authorities to confront or enforce exclusions orders from the ITC.

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