International Trade Commission (ITC)

Contacts

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.

Please visit our Experience tab to learn more about our recent matters.

About the ITC:

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.

Featured Experience

Recent Representative Matters

  • Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same (Inv. Nos. 337-TA-1265 & 1265 enforcement)
    • Represented complainant in multi-patent Section 337 investigation involving streaming technology. Obtained limited exclusion order (LEO) and cease-and-desist orders (CDOs) directed to all respondents. Also participated in two Rule 177 proceedings at U.S. Customs and Border Protection (CBP) involving certain proposed redesigns. The parties subsequently settled.
  • Certain Artificial Eyelash Extension Systems, Products, and Components Thereof (Inv. No. 337-TA-1226)
    • Defended respondent and several of its retailers in multi-patent general exclusion order (GEO) Section 337 investigation involving artificial eyelash extensions.  Established no violation of Section 337 based on non-infringement and both the technical prong and the economic prong of the domestic industry requirement.
  • Certain Chemical Mechanical Planarization Slurries and Components Thereof (Inv. No. 337-TA-1204)
    • Represented complainant in Section 337 investigation involving CMP slurries used for semiconductor manufacturer. Obtained limited exclusion order (LEO) and cease-and-desist orders (CDOs) directed to each respondent that are currently being enforced. Also obtained a Part 177 ruling from U.S. Customs and Border Protection (CBP) requiring respondents to certify that certain imported slurry components will not be used to make infringing slurries in the United States.
  • Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-1174)
    • Represented complainant in multi-patent Section 337 investigation against 30 respondents involving toner cartridge technologies. Brother obtained an early general exclusion order (GEO) and 20 cease-and-desist orders (CDOs) at the summary determination stage. Also represented Brother before U.S Customs and Border Protection (CBP) in twelvePart 177 proceedings arising from the GEO. The GEO and CDOs are currently being enforced.
  • Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use with Same (Inv. No. 337-TA-1032)
  • Certain Magnetic Data Storage Tapes and Cartridges Containing Same (Inv. Nos. 337-TA-1012, -1012 enforcement & -1076) / Certain Magnetic Tape Cartridges and Components Thereof (Inv. Nos. 337-TA-1036 & -1058)
    • Represented FUJIFILM in five Section 337 investigations (four violation and one enforcement) against Sony involving high density magnetic tape data storage technologies. Obtained multiple limited exclusion orders (LEOs) and cease-and-desist orders (CDOs) in FUJIFILM’s two offensive investigations, and successfully showed that Sony was in violation of the ITC’s remedial orders in the enforcement investigation, and defeated all of Sony’s assertions in another investigation. The parties settled after the favorable ruling for FUJIFILM in the enforcement investigation. FUJIFILM also obtained two Part 177 rulings from U.S. Customs and Border Protection (CBP) finding that certain of Sony’s redesigns were covered by the limited exclusion order.

Other Recent Representations

  • Certain Video Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same (Inv. No. 337-TA-1281)
    • Represented complainant through trial at ITC.
  • Monosodium Glutamate from China and Indonesia (Inv. Nos. 731-TA-1229–1230)
    • Represented domestic producer of monosodium glutamate (MSG) in administrative review of antidumping duty order.
  • Certain Flash Memory Devices and Components Thereof (Inv. No. 337-TA-1034)
    • Represented respondent though settlement.
  • Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887)
    • Represented complainant through trial. Obtained LEO on trade secret misappropriation and patent infringement and related confidential damages award in related district court suit.
  • Purified Carboxymethylcellulose from Finland, Mexico, The Netherlands and Sweden (Inv. Nos. 731-TA-1084–1087)
    • Represented paint and coatings company in ongoing administrative reviews of antidumping duty order on carboxymethylcellulose.

Non-Party Representations

  • Certain Digital Set-Top Boxes and Systems and Services Including the Same (Inv. No. 337-TA-1315)
  • Certain High-Density Fiber Optic Equipment and Components Thereof (Inv. No. 337-TA-1194 enforcement)
  • Certain Digital Video Receivers, Broadband Gateways, and Related Hardware and Software Components (Inv. No. 337-TA-1158)
  • Certain Integrated Circuits and Products Containing the Same (Inv. No. 337-TA-1148)
  • Certain Digital Video Receivers and Related Hardware and Software Components (Inv. No. 337-TA-1103)
  • Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof and Products Containing Same (Inv. No. 337-TA-1087)
  • Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (Inv. No. 337-TA-1065)
  • Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002)
  • Certain Wireless Devices, Including Mobile Phones and Tablets III (Inv. No. 337-TA-942)
  • Certain Consumer Electronics and Display Devices with Graphics Processing and Graphics Processing Unites Therein (Inv. No. 337-TA-932)
  • Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof (Inv. No. 337-TA-885)
  • Certain Media Devices, including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882)
  • Certain Wireless Communications Base Stations and Components Thereof (Inv. No. 337-TA-871)
  • Certain Two-Way Global Satellite Communication Devices, System, and Components Thereof (Inv. No. 337-TA-854)
  • Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837)
  • Certain Video Displays and Products Using and Containing Same (Inv. No. 337-TA-828)
  • Certain Devices for Mobile Data Communication (Inv. No. 337-TA-809)
  • Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-797)
  • Certain Wireless Communication Devices and Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-775)
  • Certain Handheld Electronic Computing Devices, Related Software and Components Thereof (Inv. No. 337-TA-769)
  • Certain Mobile Telephones and Modems (Inv. No. 337-TA-758)
  • Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (Inv. No. 337-TA-752)
  • Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof (Inv. No. 337-TA-745)
  • Certain Personal Data and Mobile Communications Devices and Related Software (Inv. No. 337-TA-710 enforcement)
  • Certain DC-DC Controllers and Products Containing the Same (Inv. No. 337-TA-698E)