Alexander Chinoy focuses his practice on the resolution of international intellectual property disputes, with an emphasis on Section 337 unfair import investigations before the U.S. International Trade Commission (ITC), as well as U.S. Customs and Border Protection (CBP) enforcement of intellectual property rights. Mr. Chinoy has been involved with more than 30 Section 337 investigations, including numerous trials on violation, enforcement hearings, and temporary relief proceedings. His experience spans every phase of 337 litigation, from pre-complaint counseling through appeal of final ITC determinations to the U.S. Court of Appeals for the Federal Circuit (CAFC), as well as CBP enforcement of ITC exclusion orders. He is the immediate past President of the ITC Trial Lawyers Association, the leading bar association for Section 337 practitioners.
Mr. Chinoy’s broader litigation experience includes district court intellectual property cases, and a range of trade disputes before the U.S. Court of International Trade. He has successfully argued appeals before the U.S. Court of Appeals for the District of Columbia Circuit and the CAFC. Mr. Chinoy has also counseled foreign governments and multinational companies on the use of trade policy tools to resolve international IPR issues and other business disputes, as well as regarding IPR border measures and enforcement remedies outside the United States.
ITC Trial Experience
- Silicon Microphone Packages and Products Containing Same, Inv. No. 337-TA-825
- Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800
- Electronic Devices, Including Handheld Wireless Communications Devices, Inv. No. 337-TA-673
- Video Game Machines and Related Three-Dimensional Pointing Devices, Inv. No. 337-TA-658
- Former Employees of BMC Software, Inc. v. United States Secretary of Labor, 04-cv-229 (Court of International Trade). Represented displaced software workers who were adversely impacted by foreign trade, in an action challenging the Department of Labor’s determination of the workers’ eligibility for Trade Adjustment Assistance (TAA) benefits. Obtained certification of full eligibility for the workers following a CIT remand to the Department of Labor, and an order directing the United States to pay attorney’s fees under the Equal Access to Justice Act, as a result of its failure to initially certify the workers.
- Ibrahim v. District of Columbia, et al., No. 05-5370 (U.S. Court of Appeals for the D.C. Circuit). Appeared on behalf of court-appointed amicus curiae in a Prison Litigation Reform Act (PLRA) matter, and argued the case in appellant’s favor. The Court ruled that appellant met the PLRA’s “imminent danger of serious physical injury” exception for litigious inmates, and was entitled to proceed in forma pauperis. The Court reversed the district court’s dismissal of appellant’s case, and remanded the matter for further proceedings on the merits.
Memberships and Affiliations
- ITC Trial Lawyers Association, Past President
- ABA Intellectual Property Section's ITC Committee
- Intellectual Property Owners Association ITC Committee
Publications and Speeches
- "Procedural Agreements for 337 Investigations: A Practical Guide for Effectively Negotiating Key Litigation Issues in Advance of Trial," 5th ACI Expert Forum on ITC Litigation and Enforcement (2/27/2013)
- "Considerations in Crafting Commission Remedial Orders," ITC Trial Lawyers Association Annual Meeting (11/7/2012)
- "4th ACI Expert Forum on ITC Litigation and Enforcement," conference co-chair and panelist on domestic industry and case management issues (2/27/2012-2/28/2012)