Litigation before the U.S. International Trade Commission in cases brought under Section 337 of the Tariff Act is fast paced and highly specialized. Our experienced intellectual property litigators have represented both Complainants and Respondents in a wide variety of patent, trademark, and unfair competition cases before the ITC.

From multinational corporations to Fortune 500 companies, clients trust in our team to strategically and effectively represent them in Section 337 Investigations and other ITC matters.

Representative Matters

Our attorneys have represented a broad range of clients in ITC cases, including:

  • A U.S. distributor of high-fashion shoes, in a high profile ITC action brought by Converse, Inc. against dozens of shoe companies for alleged infringement of Converse’s asserted common law and registered trademarks for the design of a toe cap, toe bumper, and stripes featured on some Converse Chuck Taylor All Star sneakers.  Highline and its co-Respondents prevailed—the ITC invalidated the common law and registered trademarks and confirmed that Highline’s current collection of ASH-branded shoes did not infringe the asserted marks.  Notably, the ITC’s ruling was first on Law360’s list of “The Top 10 Trademark Rulings of 2016” (December 20, 2016).  In the Matter of Certain Footwear Products, Investigation No. 337-TA-936.
  • A Chinese manufacturer of artificial sweeteners in a Section 337 Investigation involving allegations of infringement of a patent relating to a process for manufacturing acesulfame potassium.  Our client prevailed in this action when, in an unusual turn of events, the Complainant withdrew its Complaint due to issues regarding the invalidity of its asserted patent.  In the Matter of Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same, Investigation No. 337-TA-1030.
  • A textiles company in a Section 337 Investigation involving allegations of infringement of a patent relating to manufacturing high thread-count cotton/polyester blend fabrics.  Our team obtained a very favorable settlement for the client.  In the Matter of Certain Woven Textile Fabrics and Products Containing Same, Investigation No. 337-TA-976.
  • Thunderbird Films, Inc., a Canadian production company, in a case brought regarding the originality of a broadcast television program and allegedly unfair methods of competition.  The ITC ruled that Complainant’s copyright was not infringed by The Walt Disney Co. and Thunderbird Films, granting a motion to dismiss Emir Tiar and E.T. Radcliffe's claims as a matter of law.  In the Matter of Certain TV Programs, Literary Works for TV Production and Episode Guides Pertaining to Same, Investigation No. 337-TA-886.
  • Two respondents in a Section 337 Investigation based on a complaint filed by Seiko Epson Corporation, et al.  In the Matter of Certain Ink Cartridges and Components Thereof, Investigation No. 337-TA-565.  Represented the same clients when a second printer company (Canon) subsequently initiated its own ITC action.