We specialize in representing clients before the U.S. International Trade Commission (ITC). Litigation at the ITC requires legal counsel who know the unique challenges and opportunities this important forum presents, and who have the in-depth technical understanding of the products and patents at issue needed to present a compelling case before the ITC.
That is what Troutman Pepper's ITC team provides. We offer:
Our practice is led by attorneys who worked at the ITC before joining the firm, and every member of our team has represented clients in multiple Section 337 investigations. We represent clients throughout the entire process, including filing the complaint through the investigation conclusion; representation in parallel proceedings before district courts and the Patent Trial and Appeal Board; and, if necessary, appeals to the Federal Circuit. We have served as counsel on more than 20 Section 337 investigations in the last decade, and know the ITC's administrative law judges and staff attorneys.
Clients choose us for our strong record of success representing both complainants and respondents. We are one of the few law firms in the U.S. to obtain general exclusion orders and cease-and-desist orders protecting our clients from the importation of infringing products. We regularly handle investigations on behalf of respondents, and in multiple cases, no violation was found. Complainants and respondents also rely on us to negotiate their settlements.
We fully understand the implications and complexities presented by Section 337 investigations, including issues unique to the ITC like domestic industry, public interest, and importation.
The ITC's fast pace for Section 337 investigations ( see our timeline of a typical ITC case) requires counsel with experience navigating the ITC's processes and procedures. We know how to best position our clients for success at the ITC as well as in other venues, including in parallel federal district court litigation and inter partes review (IPR) proceedings.
Our team includes, Ph.D.s, engineers, and scientists who are well-versed in IP rights and in their respective technical disciplines, which enables us to build a compelling case before the ITC. We are experienced in a wide range of technologies, including integrated circuit design, medical devices, optical devices, LED lighting and lighting optics, graphics processors, emissions control systems, audio processing technology, semiconductors, consumer electronics, and medical supplies.
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How High Court SEC Case Could Affect the ITC
Articles + Publications
08.20.23
Life Science Industries, Trade Secrets, and the ITC
Articles + Publications
05.16.23
'Obvious Over What?' LKQ's En Banc Petition Threatens to Turn Test for Design Patent Obviousness on its Head
Articles + Publications
03.27.23
A Study on the Representation of Women at the International Trade Commission
Firm News
04.28.22
Troutman Pepper’s Gwendolyn Tawresey Joins Law360’s International Trade Editorial Advisory Board
Articles + Publications
04.05.22
The Power of Process Patents at the International Trade Commission