The U.S. International Trade Commission (ITC) is an important forum for parties to litigate intellectual property disputes concerning imported goods.

ITC Section 337 proceedings are most often used to resolve patent infringement claims, but they can also be used for trade secret, trademark, copyright, and other unfair competition claims. ITC remedies are powerful – the ITC can issue orders barring all infringing imports from entry into the United States. And ITC investigations are fast – they typically conclude within 18 months, much quicker than most district court cases. 

Given the high stakes and speed of ITC investigations, and the ITC’s unique procedural and substantive requirements, it is critically important for clients to engage counsel with deep knowledge of how the ITC operates. Likewise, given the nuances of IP law, and the complex technologies that may be at issue, it is equally important to retain counsel with the requisite legal and technical skills to rapidly and fully grasp the issues to be adjudicated. 

Womble Bond Dickinson’s seasoned ITC team has litigated numerous cases before the ITC on behalf of both complainants and respondents, including violation and enforcement phase proceedings. Our attorneys have acted as lead counsel in ITC trials and in appeals to the Federal Circuit from ITC determinations. The team is bolstered by intellectual property litigators across the firm’s U.S. offices, with substantial trial experience, subject matter proficiency, and technical training across a wide variety of fields. Once ITC exclusion orders are issued, our attorneys also represent clients in compliance efforts before U.S. Customs and Border Protection (CBP).  

Click here to view our ITC Section 337 Litigation lawyers and professional staff. To get in touch, complete our convenient contact form or contact our staff directly for any specific questions.

Representative Experience

  • Lithium Ion Batteries, Inv. No. 337-TA-1159 (LG Chem v. SK Innovation). Represented complainant LG Chem.*
  • Wireless Headsets, Inv. No. 337-TA-943 (One-E-Way v. Beats Electronics et al.). Represented respondents Beats.*
  • Noise Cancelling Headphones, Inv. No. 337-TA-927 (Bose v. Beats Electronics et al.). Represented respondent Beats.*
  • Point-to-Point Network Communication Devices, Inv. No. 337-TA-892 (Straight Path v. LG Electronics et al.). Represented respondents LG and Toshiba, and non-party Google.*
  • Handheld Electronic Computing Devices, Inv. No. 337-TA-769 (Microsoft v. Barnes & Noble, Hon Hai, Foxconn et al.). Represented respondents Hon Hai and Foxconn.*
  • Birthing Simulators, Inv. No. 337-TA-759 (Gaumard Scientific v. Shanghai Honglian Medical Instrument Development et al.). Represented complainant Gaumard Scientific.*
  • Underground Cable and Pipe Locators, Inv. No. 337-TA-727 (Radiodetection v. Vivax-Metrotech et al.). Represented respondent Vivax-Metrotech.*
  • DC-DC Controllers (enforcement proceeding), Inv. No. 337-TA-698 (Richtek v. uPI). Represented enforcement respondent uPI.*
  • Connecting Devices ("Quick-Clamps") For Use With Modular Compressed Air Conditioning Units, Inv. No. 337-TA-587 (Norgren v. SMC). Represented respondent SMC.* 
  • Network Communications Systems for Optical Networks, Inv. No. 337-TA-535 (Ciena v. Nortel et al.). Represented complainant Ciena.*
  • Semiconductor Memory Devices, Inv. No. 337-TA-470 (Mosel Vitelic v. Hitachi et al.). Represented complainant Mosel Vitelic.*
  • HSP Modems, Inv. No. 337-TA-439 (PCTEL v. ESS et al.). Represented complainant PCTEL.*
  • Semiconductor Memory Devices, Inv. No. 337-TA-414 (Micron v. Mosel Vitelic). Represented respondent Mosel Vitelic.*
  • Counseling projects for clients on importation, customs enforcement, and IP design around strategies in connection with ITC determinations.

*Handled at a prior firm. 

The U.S. International Trade Commission (ITC) is an important forum for parties to litigate intellectual property disputes concerning imported goods.

ITC Section 337 proceedings are most often used to resolve patent infringement claims, but they can also be used for trade secret, trademark, copyright, and other unfair competition claims.

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Our ITC Section 337 Litigation Services

ITC remedies are powerful – the ITC can issue orders barring all infringing imports from entry into the United States. And ITC investigations are fast – they typically conclude within 18 months, much quicker than most district court cases. 

Given the high stakes and speed of ITC investigations, and the ITC’s unique procedural and substantive requirements, it is critically important for clients to engage counsel with deep knowledge of how the ITC operates. Likewise, given the nuances of IP law, and the complex technologies that may be at issue, it is equally important to retain counsel with the requisite legal and technical skills to rapidly and fully grasp the issues to be adjudicated. 

Womble Bond Dickinson’s seasoned ITC team has litigated numerous cases before the ITC on behalf of both complainants and respondents, including violation and enforcement phase proceedings. Our attorneys have acted as lead counsel in ITC trials and in appeals to the Federal Circuit from ITC determinations. The team is bolstered by intellectual property litigators across the firm’s U.S. offices, with substantial trial experience, subject matter proficiency, and technical training across a wide variety of fields. Once ITC exclusion orders are issued, our attorneys also represent clients in compliance efforts before U.S. Customs and Border Protection (CBP).  

Click here to view our ITC Section 337 Litigation lawyers and professional staff. To get in touch, complete our convenient contact form or contact our staff directly for any specific questions.

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Representative Experience

  • Lithium Ion Batteries, Inv. No. 337-TA-1159 (LG Chem v. SK Innovation). Represented complainant LG Chem.*
  • Wireless Headsets, Inv. No. 337-TA-943 (One-E-Way v. Beats Electronics et al.). Represented respondents Beats.*
  • Noise Cancelling Headphones, Inv. No. 337-TA-927 (Bose v. Beats Electronics et al.). Represented respondent Beats.*
  • Point-to-Point Network Communication Devices, Inv. No. 337-TA-892 (Straight Path v. LG Electronics et al.). Represented respondents LG and Toshiba, and non-party Google.*
  • Handheld Electronic Computing Devices, Inv. No. 337-TA-769 (Microsoft v. Barnes & Noble, Hon Hai, Foxconn et al.). Represented respondents Hon Hai and Foxconn.*
  • Birthing Simulators, Inv. No. 337-TA-759 (Gaumard Scientific v. Shanghai Honglian Medical Instrument Development et al.). Represented complainant Gaumard Scientific.*
  • Underground Cable and Pipe Locators, Inv. No. 337-TA-727 (Radiodetection v. Vivax-Metrotech et al.). Represented respondent Vivax-Metrotech.*
  • DC-DC Controllers (enforcement proceeding), Inv. No. 337-TA-698 (Richtek v. uPI). Represented enforcement respondent uPI.*
  • Connecting Devices ("Quick-Clamps") For Use With Modular Compressed Air Conditioning Units, Inv. No. 337-TA-587 (Norgren v. SMC). Represented respondent SMC.* 
  • Network Communications Systems for Optical Networks, Inv. No. 337-TA-535 (Ciena v. Nortel et al.). Represented complainant Ciena.*
  • Semiconductor Memory Devices, Inv. No. 337-TA-470 (Mosel Vitelic v. Hitachi et al.). Represented complainant Mosel Vitelic.*
  • HSP Modems, Inv. No. 337-TA-439 (PCTEL v. ESS et al.). Represented complainant PCTEL.*
  • Semiconductor Memory Devices, Inv. No. 337-TA-414 (Micron v. Mosel Vitelic). Represented respondent Mosel Vitelic.*
  • Counseling projects for clients on importation, customs enforcement, and IP design around strategies in connection with ITC determinations.

*Handled at a prior firm.