Practice Areas & Industries: Duane Morris LLP


Intellectual Property: ITC Section 337 Litigation Return to Practice Areas & Industries

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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.

Articles Authored by Lawyers at this office:

California Court of Appeal Ruling Provides Further Guidance for Dealing with Trade Secret Claims Brought in Bad Faith
Karineh Khachatourian,Daniel T. McCloskey, May 11, 2015
On April 28, 2015, the California Court of Appeal issued its decision in Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc., et al., affirming the trial court's finding that plaintiff Cypress Semiconductor Corporation brought its trade secret claim in bad faith and awarding...

California Federal Court Dismisses Trade Secret and Other Tort Claims
Karineh Khachatourian,Daniel T. McCloskey, April 28, 2015
On April 13, 2015, the Northern District of California rejected claims in a complaint by online real estate community and web application company plaintiff Top Agent Network, Inc. (TAN) that alleged online real estate marketplace, Zillow, Inc., improperly used and disclosed information about TAN's...

War Memorial Sculptor Wins Appeal in Copyright Litigation with Government
Arvind Jairam, March 19, 2015
An appellate court has affirmed a royalty award to a famous sculptor based on the U.S. government’s unauthorized use of his copyrighted work in a postage stamp. The decision by the Court of Appeals for the Federal Circuit in Gaylord v. United States comes after lengthy litigation that has...

California Federal Judge Invalidates Spinal Surgery Patents Due to Lack of Objective Boundaries
, February 25, 2015
On November 19, 2014, a federal district court in California invalidated claims in two spinal surgery patents, finding the claims indefinite under the U.S. Supreme Court's recent Nautilus standard. In Abdou v. Alphatec Spine, the Southern District of California granted summary judgment of...

More about the Monkey and the Selfie
Mark A. Fischer, February 17, 2015
The New Media Entertainment blog of August 18, 2014 attracted a new blog reader, David Slater. He’s the photographer who had contested...

“I Told the Waiter There Was a Fly in My Soup!” - A Little More Freedom for User Outrage on Yelp and other Social Media Sites
Mark A. Fischer, January 22, 2015
“The worst meal I ever had. And the service sucked, too.” Can you legally say that kind of thing about a restaurant on social media sites like Yelp? Those long, eye-glazing terms of service (sometimes called “terms of use,” “end-user terms of service,” etc.) in...

New Jersey Bankruptcy Court Upholds Trademark Licensees' Rights to Use Trademark Despite Licensor's Bankruptcy
Walter J. Greenhalgh,Steven T. Knipfelberg,Paul D. Moore, January 19, 2015
In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a bankruptcy court's equitable powers, to the protections of Section 365(n) of the...