The ITC isn’t just litigation at lightning speed with highly specialized rules and complex procedures. It is a powerful venue that can be used to save your business and dismantle your competition. But to obtain the desired result, you need far more than world-class patent litigators. You need a deep bench of experienced litigators that not only know when, why and how to use the ITC to help resolve an intellectual property dispute, but also how to effectively implement the ITC’s remedial orders after they issue. Baker Botts has been making that difference for years.
Baker Botts’ ITC practice offers best in class legal representation to clients worldwide in Section 337 investigations. Our expansive patent litigation bench includes every type of technical expert, experienced IP trial lawyers, and appellate experts. Because as experienced ITC lawyers will tell you, it’s never just the ITC; it’s district court litigation, Federal Circuit appeals, the PTAB, customs enforcement and more.
Our Department Chair Lisa Kattan spent five years as a Senior Investigative Attorney at the ITC and leverages the unique insights she gained during that time to achieve the business goals of Baker Botts’ clients across many different venues. Under Lisa’s leadership, Baker Botts has been a constant presence at the ITC and knows what matters to the ITC, its administrative law judges and its investigative staff.
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The ITC is a venue for resolving unfair trade practices, including patent disputes. Section 337 of the Tariff Act of 1930 provides for the investigation of any unfair act in the importation of articles into the United States, including the enforcement of intellectual property rights.
While almost all Section 337 investigations involve the alleged infringement of U.S. patent rights, the statute authorizes investigations to enforce other intellectual property rights such as trademarks, trade secrets and copyrights, and to address other unfair methods of competition.
If the ITC finds a violation of Section 337, it may issue an exclusion order banning imports of the infringing goods. It also may issue a cease-and-desist order requiring a party to stop all commercial activity relating to the infringing products subject to substantial civil penalties for violation.
Each remedial order issued by the Commission is reviewed by the President through the Office of the U.S. Trade Representative to ensure there is no negative impact on U.S. foreign policy. Thereafter, final determinations by the Commission are appealable to the U.S. Court of Appeals for the Federal Circuit.
