Strategic counsel to navigate U.S. International Trade Commission proceedings.
ITC SECTION 337 LITIGATION
With experience in technical and high-stakes IP disputes, FRL provides comprehensive counsel to clients navigating the fast-paced proceedings of the United States International Trade Commission.
More global IP disputes include Section 337 investigations at the ITC, which protects U.S. industries from unfair competition from foreign imports. ITC litigation typically involves the assertion of patents against parties importing or selling allegedly infringing goods. The ITC’s fast-paced proceedings and broad remedies make it an attractive alternative to U.S. district court litigation, particularly for companies with complex or “bet the company” IP disputes. FRL provides a trial-ready team that understands the intricacies of Section 337 investigations and skillfully counsels its clients from pre-institution to post-remedy enforcement before the ITC, the U.S. Trade Representative (USTR), and U.S. Customs and Border Protection (CBP).
Our success litigating at the ITC is a result of our deep understanding of the ITC’s procedural rules, body of law, evidentiary hearings, and administrative law judges. Our lawyers have also coordinated parallel proceedings when investigations involve concurrent litigation in federal district courts or post-grant proceedings before the PTAB.
FRL also partners with law firms that can benefit from its experience and dedicated team of Section 337 attorneys. In that capacity, FRL works as co-counsel to ensure that the client receives the specialized service it needs while retaining its preferred IP litigation counsel.
Representative Experience
- Represented IngenioSpec, LLC in a campaign of three ITC investigations resulting in significant settlements from electronic eyewear manufacturers, including Luxottica, XREAL, Meta, Valve, HTC, Bytedance, and DJI, among others.
- Represented Aardvark Medical Inc. in an ITC investigation involving patent infringement of Aardvark’s nasal irrigation technology, which resulted in significant settlements from RhinoSystems, Inc. for its Naväge product, and Michael Todd Beauty, and numerous exclusion orders.
- Represented The Regents of the University of California in a groundbreaking patent enforcement campaign at the ITC to protect its rights in a revolutionary new generation of light bulb technology known as filament LED that was invented by a Nobel laureate-led team at UC Santa Barbara.
