Section 337 investigations at the U.S. International Trade Commission (ITC) involve high stakes for both patent holders and parties accused of importing accused products into the United States. If the ITC finds a valid patent to have been infringed, it may order U.S. Customs and Border Protection to exclude the infringing articles (and possibly downstream products containing the infringing articles) from entry into the United States and may issue a cease and desist order requiring the respondent to stop selling any infringing articles already imported into the United States. As a result, an adverse outcome in the ITC can have serious and immediate consequences along the entire supply chain.
The global reach, rapid pace and unique cross-disciplinary aspects of ITC investigations warrant selection of a firm that employs superior trial and technical talent; is familiar with the ITC staff, judges and process; and is experienced in ITC investigations and accompanying customs and political issues. By combining the trial skills and technical knowledge of our patent litigators, the regulatory knowledge and experience of the lawyers in our international trade practice and the insight and know-how of our government relations practitioners, Akin Gump Strauss Hauer & Feld LLP is one of the few firms that fits the bill.
We provide full service in an ITC investigation from investigations and preparation through trial, presidential review, enforcement proceedings before the ITC and Customs (while also handling parallel patent litigation in the district courts) and appeals before the Federal Circuit. Moreover, our ITC attorneys, centered in Washington, D.C., have advanced scientific and technical educational backgrounds and professional experience with a wide range of technologies, including semiconductors, electronics, software, wireless and optics technology, smart cards, encryption, satellite controls and digital signal processing, telecommunications, integrated circuits, medical devices, pharmaceuticals and genetic engineering, and complex biological and chemical inventions. We effectively work with clients to develop and execute legal strategies for Section 337 proceedings that maximize the likelihood of achieving our clients’ desired results, while minimizing disruption to their businesses.