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Section 337 ITC Litigation
Our team was recognized by Corporate Counsel & IP Insider as “One of the Top 10 Most Active Law Firms Litigating Section 337 Claims before the International Trade Commission.” The firm’s headquarters in Washington DC, the seat of the ITC, gives us easy access for filings and hearings, as well as an excellent vantage point for remaining completely current on developments at the ITC.
ArentFox Schiff boasts well over a dozen seasoned intellectual property and international trade attorneys who have hands-on experience in Section 337 matters and the proven ability to keep pace with these fast-moving cases. The firm counted among its attorneys the former Chief of the Patent Branch of the ITC’s Office of Unfair Import Investigations until his retirement, and also current and former officers and members of the ITC Trial Lawyers Association and the American Intellectual Property Law Association. Our attorneys have spoken on ITC issues in the United States, Europe, and Asia. The team is also supported by a premier Intellectual Property practice and a nationally recognized Complex Litigation practice.
Most Section 337 cases arise out of patent disputes involving complex technical issues. ArentFox Schiff’s Section 337 attorneys have in-depth knowledge across a wide spectrum of computer/software, electrical, biotechnology, chemical, pharmaceutical, medical device, and mechanical technologies. They have gained this experience through formal academic training (members of our 337 litigation team have undergraduate and/or advanced degrees in technical subjects), industry experience, and technical litigation. Many members of the team are registered patent attorneys.
The accelerated pace of Section 337 proceedings can cause fees to skyrocket out of control unless closely and intelligently managed. Because of our attorneys’ extensive Section 337 experience and our policy of staffing cases as leanly as possible, ArentFox Schiff has the proven ability to handle cases in a cost-effective manner while achieving desirable outcomes. In addition to proceeding independently in many cases, ArentFox Schiff has also successfully participated in joint defense teams. We understand when to mount a joint defense and, at the same time, how to remain ready to proceed alone if others settle under terms unacceptable to our client. In sum, ArentFox Schiff focuses on effectively and efficiently litigating cases to a successful conclusion while creating and preserving opportunities for favorable settlements.
Summary of Representative Section 337 Investigations*
* Due to the large number of matters and many years of practice, only certain examples of investigations are listed.
Investigation No. & Title
1018 Athletic Footwear
974 Aquarium Fitting
930 Laser Abraded Denim Garments
807 Digital Photo Frames and Image Display Devices
773 Motion-Sensitive Sound Effects Devices and Image Display Devices
732 Elastomeric Gel
722 Automobile Vehicles and Designs
686 Bulk Welding Wire Containers and Components Thereof
644 Composite Wear Components
640 Short-Wavelength Light Emitting Diodes, Laser Diodes and Products
623 R-134a Coolant
597 Bassinets
In addition to the investigations listed above, ArentFox Schiff attorneys have participated in the following investigations:
493 Alkaline Batteries
467 Repositionable Notepads
456 Gel-filled Wrist Rests
449 Abrasive Products
434 Magnetic Resonance Injection Systems
433 Safety Eyewear
428 Integrated Circuit Chipsets
426 Spiral Grilled Products Including Ducted Fans
410 Coated Optical Waveguide Fibers
409 CD-ROM Controllers
407 Remodulating Channel Selectors
406 Lens Fitted Film Packages
405 Automotive Scissors Jacks
404 SDRAMs, DRAMs, ASICs, RAM and Logic Chips Microprocessors,Microcontrollers
397 Dense Wavelength Division Multiplexing Systems
392 Digital Satellite Systems (DSS) Receivers
388 Dynamic Random Access Memory Controllers and Multi-LayerIntegrated Circuits
387 Self-Powered Fiber Optic Modems
382 Flash Memory Circuits
376 Variable Speed Wind Turbines
372 Neodymium-Iron-Boron Magnets and Magnet Alloys
355 Vehicle Security Systems
354 Tape Dispensers
328 Bathtubs
316 Power Transmission Chains
310 Pyrethrroids
284 Electric Power Tools, Battery Cartridges and Battery Chargers
274 Toggle Clamps for Clamping, Fixturing Processing and Original
266 Recloseable Plastic Bags and Tubing
265 Dental Prophylaxis Methods, Equipment and Components Thereof
262 Hard Sided Molded Luggage Cases
259 Battery Powered Smoke Detectors