Intellectual Property: ITC Section 337 Litigation
The attorneys in Duane Morris' highly experienced U.S. International Trade Commission (ITC) practice have represented clients in almost 50 separate Section 337 investigations. Spanning all technologies found in Section 337 cases, the firm's deep intellectual property (IP) litigation bench is equally as proficient before the ITC as in any U.S. district court.
The ITC has been a favored forum for high-stakes IP cases. With its statutorily mandated speedy docket, powerful remedies, global reach and IP-savvy administrative law judges and commissioners, sophisticated parties have long relied on the ITC to resolve their most important disputes. Duane Morris attorneys have played a continuing role throughout the modern era (post-1988) in Section 337 litigation.
Because a Section 337 case goes to hearing within nine to ten months after filing the complaint, no time exists for on-the-job training of the highly complex body of ITC law and procedures. Similarly, only the most robust and well-organized IP litigation departments can provide adequate staffing where the time for responses to discovery requests and motions are measured in days, not weeks. Duane Morris has ITC lawyers with intimate familiarity of ITC law and procedures, as well as knowledge of the differences in preferences among the ITC decision makers. Duane Morris also possesses a cadre of IP litigators that is second to none in trial experience and technical proficiency.
Our ITC practice is headquartered in Washington, D.C., mere minutes away from the ITC itself. As any ITC litigant is aware, it is essential to have "boots on the ground" in the capital to more effectively and regularly interface with the Commission, Administrative Law Judges, Staff and the other ITC private sector specialists who are congregated in a very small geographic area.
The ITC is proving even more popular than in the recent past. The reduced availability of injunctive relief after eBay, the effects of Section 299 of the AIA and TS Tech on venue, the evolving jurisprudence on damages as seen in such decisions as Uniloc and the extraterritorial ITC jurisdiction provided for in TianRui guarantee that the desirability of ITC exclusion and cease-and-desist orders will continue to grow. Duane Morris' ITC lawyers and seasoned IP litigators will continue to be in the forefront of Section 337 as the ITC continues its trend of becoming the favored destination for the most significant IP disputes.