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ITC Section 337 Litigation

ITC Section 337 Litigation


Section 337 proceedings before the International Trade Commission offer powerful remedies unavailable in district court. The ITC’s chief remedy—an exclusion order—directs U.S. Customs and Border Protection to block infringing products from entering the United States, in some cases irrespective of the source of the products and the identity of the importer. Given the enormous stakes in an ITC investigation, hiring a firm with the right combination of IP and ITC expertise is essential.

That is where we come in. Our lawyers have been involved in numerous ITC proceedings over the last 30 years. We have successfully represented complainants, respondents, and non-parties in investigations involving a diverse range of technologies, including toner cartridges for laser printers, marine sonar, synthetic fibers, mobile telephones, nucleic acid detection kits, heavy-duty tires, and fur coats, to name a few. In recent years, Fitzpatrick has been one of the most successful firms in the country in terms of securing remedies from the ITC. For example, over the three-year period from 2013-2015, Fitzpatrick obtained 3 of the less than 20 exclusion orders. We have experience in all aspects of section 337 proceedings, from pre-complaint counseling and diligence to working closely with U.S. Customs and Border Protection to ensure the proper enforcement of the remedies we obtain.

As a full-service IP firm, Fitzpatrick is uniquely equipped to handle 337 investigations as well as parallel district court litigations, post-grant proceedings in the U.S. Patent and Trademark Office, and appeals. Our thorough knowledge of IP law and deep bench of technically-trained trial lawyers are unrivaled by most firms that practice before the ITC. And our commitment to client service means you can count on us to be there to timely counsel and guide you every step of the way as you navigate the rapid pace of ITC investigations.

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