ITC Section 337 Litigation

Sutherland’s IP Litigation Group is well recognized for its experience handling investigations under Section 337 at the United States International Trade Commission (ITC). The ITC presents a challenging forum before which companies facing disputes over intellectual property rights and imported goods may find themselves in litigation. (FAQs about Section 337 Investigations at the ITC.) The ITC has jurisdiction under Section 337 of the Tariff Act of 1930 to investigate allegations that the importation of goods into the United States infringes patents, trademarks, or copyrights or otherwise constitutes an unfair method of competition. Intellectual property owners are increasingly seeking relief from the ITC. As a result, companies importing goods into the United States are more frequently finding themselves litigating at the ITC. In the past five years, the ITC instituted almost twice as many investigations as it did in the previous five years. Sutherland’s IP Litigation Group has represented both complainants and respondents before the ITC.

Section 337 investigations are fast-paced proceedings and can result in remedies having far-reaching effects. (ITC 337 Investigations Summary.) For example, the ITC has the authority to issue a general exclusion order barring all imports of an infringing item, even by importers who were not parties to the investigation. Given the rapid-paced nature of the proceedings and the potential high stakes, it is important for companies involved in Section 337 investigations to react quickly, with the assistance of counsel experienced in Section 337 investigations.

The litigators in Sutherland’s IP Group have significant experience handling matters before the ITC. In addition, several attorneys from Sutherland’s IP Group have published articles and/or presented on topics related to Section 337 investigations. Combined with a broad range of technical know-how and extensive industry experience, Sutherland’s IP litigators give their clients a competitive advantage in litigating ITC disputes.

Sutherland’s IP practice comprises approximately 40 full-time intellectual property attorneys and a full complement of paralegals and staff. Sutherland’s IP Group includes 25 attorneys registered to practice before the U.S. Patent and Trademark Office; and many hold advanced technical degrees in areas including organic chemistry, chemical engineering, computer engineering, electrical engineering, mechanical engineering, molecular genetics, medicine, biomedical engineering, microbiology and immunology. We handle intellectual property matters in a number of technical fields including biotechnology, pharmaceuticals, biomedical devices, computers, software, chemical technology, minerals and telecommunications.

Our technical patent prosecution background is coupled with broad litigation experience. In addition to experience before the ITC, Sutherland patent attorneys have litigated IP cases before the Federal Circuit and in district courts throughout the United States, including the District of Delaware, the Eastern District of Texas, the Southern District of New York and the Northern District of California.