The U.S. International Trade Commission (ITC) has become a key forum for high-stakes global intellectual property disputes. The cases move fast and the remedy is powerful. There is little room for learning on the job.
Drawing on our leading patent litigation, international trade, and government relations practices, Covington provides effective guidance, through integrated international IP counseling, litigation, and enforcement, for the resolution of business critical issues before the ITC.
Our collective experience is critical in the setting of fast-paced, high-stakes litigation—where discovery lasts only a few months and the case is brought to trial in eight to 10 months. Covington’s ITC-focused team, which has appeared in over 100 Section 337 cases spanning nearly 30 years, includes lawyers with experience inside some of the key government agencies involved in Section 337 cases. Our team includes:
- a former Chairman and Commissioner of the ITC;
- former lawyers from the crucial regulatory and enforcement authorities, including the ITC Office of General Counsel, and the ITC Office of Unfair Import Investigation (OUII), which participates in many 337 investigations; and
- a former senior official from the Office of United States Trade Representative, which reviews all ITC exclusion orders.
Combined with the strengths of the broader practice, which includes one of Asia’s leading intellectual property and Section 337 lawyers, Ruixue Ran, and more than 60 lawyers firm-wide with significant experience in this area, we have the depth necessary to staff even the most challenging cases.
Section 337 cases are distinguished not only based on their speed and powerful remedies, but also on the fact that a far greater share of them go to trial than is the case for patent cases in the district courts. Our ITC case teams recognize this from the inception of our engagement—counsel with years of experience inside the ITC’s courtrooms and before its Administrative Law Judges develop litigation strategy at the earliest stages.
In addition to our track record of successfully litigating original investigations before the ITC, our lawyers routinely remain involved after an order issues, and have significant practical experience working with customs departments and the ITC to properly implement and enforce both limited and general exclusion orders.
Our lawyers also have significant experience assisting companies that may be confronted with an exclusion order, including companies that may have been represented by different counsel during the course of an ITC investigation, to ensure that any business impact after the ITC case ends is minimized to the greatest extent possible. Our knowledge of the nuances of real-world enforcement from both the complainant and the respondent’s perspective translates directly into increased efficiency in preparation and case management, more effective results-focused litigation strategy, and better business outcomes at the border after an exclusion order issues.
Back
