Our Website Uses Cookies
We and the third parties that provide content, functionality, or business services on our website may use cookies to collect information about your browsing activities in order to provide you with more relevant content and promotional materials, on and off the website, and help us understand your interests and improve the website.
For more information, please contact us or consult our Privacy Notice.
Your binder contains too many pages, the maximum is 40.
We are unable to add this page to your binder, please try again later.
This page has been added to your binder.
- Home
- Practices and Industries
- Litigation and Investigations
- ITC Section 337
"Standout patent litigation group often retained by
pharmaceutical and technology giants to appear before the
ITC and the federal courts in significant high-stakes disputes."
Chambers 2020, Intellectual Property, District of Columbia
"They are without question one of the best sets
of advocates I have had the pleasure to work with."
Chambers USA
International Trade: Intellectual Property (Section 337)
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 90 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.
Huawei ITC Section 337 Investigation
Representation of Huawei in the ITC Section 337 Investigation: Wireless Devices with 3G Capabilities and Components Thereof, USITC Inv. Nos. 337-TA-800 and 337-TA-868 (Respondent).
Realtek ITC Section 337 Investigation
Representation of Realtek in the ITC Section 337 Investigation: Network Controllers, USITC Inv. No. 337-TA-531 (Respondent).
MStar Semiconductor ITC Section 337 Investigation
Representation of MStar Semiconductor in the ITC Section 337 Investigation: Display Controllers with Upscaling Functionality and Products Containing the Same, USITC Inv. No. 337-TA-481 (Respondent).
Nidek ITC Section 337 Investigation
Representation of Nidek in the ITC Section 337 Investigation: Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419 (Respondent).
High Profile Section 337 Dispute Between U.S. Steel and the Chinese Steel Industry
Representation of Baoshan Iron & Steel Co., Ltd. in a trade secret, antitrust and false designation of origin dispute in the International Trade Commission involving processes for making Advanced High Strength Steel. In November 2016, Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by American Lawyer for an initial determination at the ITC on behalf of our client. This was the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim.
January 10, 2019, Covington Alert
On January 4, 2019, the Standing Committee of the National People’s Congress ( “NPC”) of China published a draft amendment to the Patent Law (the “Draft”) for public comment. While this draft is not yet final, it indicates China is taking concrete steps to help patent holders with the exercise of their rights.
October 8, 2018
BEIJING—China Law & Practice has named Covington “Intellectual Property Firm of the Year” and Covington partner Ruixue Ran as “Intellectual Property Lawyer of the Year.” The awards highlight innovation and excellence in the China legal market and honor top law firms, lawyers, and legal departments. Ms. Ran is one of the few China-based lawyers who focus on ...
‘A victory for Chinese steel and US law’: why a lawyer thinks Chinese companies can put faith in the American legal system
July 3, 2018, South China Morning Post
Ruixue Ran is quoted in a South China Morning Post article regarding how the result of the recent U.S. steel investigation should encourage Chinese companies to use the American legal system to settle disputes. According to Ran, the case was the first of its kind against Chinese steel products and the first time Chinese companies had won a trade secrets case ...
April 9, 2018, CGTN
Ruixue Ran appeared on CGTN to discuss a recent victory on behalf of China's steel sector following a decision by the ITC to terminate a Section 337 investigation into Chinese steel products. According to Ran, who represented Chinese steel companies including Baosteel in the case, "While defending the trade secret misappropriation claim, we spent massive energy ...
International Trade Commission Drops US Steel's Antitrust Claims Against Chinese Steelmakers
March 23, 2018, The American Lawyer
Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often ...
March 15, 2018, Covington Alert
China has continued to develop its adjudicatory framework for intellectual property disputes with the establishment of three Intellectual Property Tribunals (“IP Tribunals”) this month. This reform began with the establishment of three specialized IP Courts in Beijing, Shanghai, and Guangzhou at the end of 2014, and has been furthered with the establishment of ...
January 19, 2018, Law360
Covington was named a 2017 International Trade Group of the Year by Law360. According to Peter Lichtenbaum, the Bombardier trade remedies case, which "presents very significant economic, legal, and political issues," was one of the group's biggest from the past year. "The company remains confident that the ITC will conclude that Boeing will not be harmed by the ...
Ruixue Ran Named One of Top 15 IP Lawyers in China
December 28, 2016
BEIJING—Asian Legal Business has named Covington partner Ruixue Ran as one of its fifteen “Top IP Lawyers” in China. Ms. Ran is the only lawyer from a non-Chinese law firm on the list. Ms. Ran is one of the few Chinese lawyers who specialize in cross-border intellectual property law and is often called upon to share her knowledge with Chinese companies and ...
International Trade MVP: Covington's Shara Aranoff
December 9, 2016, Law360
Law360 selected Shara Aranoff as a 2016 International Trade MVP and profiled her work over the past year, including her representation of South32 and Union Pacific Railroad Co. at the ITC. Law360 also highlights Aranoff’s ongoing defense of China’s Baosteel Group in a Section 337 case, the first antitrust-based investigation at the ITC in more than 25 ...
November 18, 2016, The Litigation Daily
Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by The Litigation Daily for an initial determination at the ITC on behalf of Baosteel in the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim. According to Sobin, the argument was as much about educating the judge about the ...
- The National Law Journal, 2019 Washington “Litigation Department of the Year” winner (2019)
- The American Lawyer, 2018 California "Litigation Department of the Year" winner (2018)
- Am Law Litigation Daily, Sturgis Sobin, Derek Ludwin, and James O'Connell, “Litigators of the Week“ (11/18/2016)
- Managing Intellectual Property - Recognized in the North American category as the "International Trade Commission Firm of the Year" (2010, 2014)
- The American Lawyer, "2014 Litigation Department of the Year" Finalist (2014)
- Chambers USA - Recognized as a leading National Intellectual Property Practice and a leading International Trade: Intellectual Property (Section 337) Practice (2009-2019)
- Chambers Global - Recognized as a leading US International Trade: Intellectual Property (Section 337) (2010-2019) and US Intellectual Property Practice (2010-2018)
- Chambers Global - Six attorneys recognized for Intellectual Property (2016-2018)
- Chambers Asia-Pacific - Recognized as a leader in the category South Korea: Intellectual Property; two attorneys recognized for Intellectual Property (2016-2019)
- Chambers USA's - America's Leading Business Lawyers - Three attorneys recognized for Intellectual Property (2015-2019), three attorneys recognized for International Trade: Intellectual Property (Section 337) (2010-2019)
- Intellectual Asset Management (IAM) Magazine - Recognized in the “IAM Patent 1000 - The World’s Leading Patent Practitioners” for its National International Trade Commission practice, three attorneys recognized in National - International Trade Commission
- The Best Lawyers in America - Eight attorneys recognized for Intellectual Property Law (2007-2019)
- Daily Journal - One attorney recognized among the Top IP Litigators in California (2016)
- The National Law Journal - Recognized on the Intellectual Property Hot List (2016)
- Chambers Europe - Recognized as a leader in the category: Belgium, Intellectual Property and one attorney recognized for Intellectual Property (2013)
- Legal 500 Asia Pacific, Intellectual Property (Foreign Firms) (2013)
- Legal 500 US - Recognized as a leading US practice in the areas of Patent Litigation: International Trade Commission and Patent Litigation: Full Coverage (2012-2017)
- Legal 500 UK - Recognized in its IP category (2011-2014)
- Two of our partners are Fellows of the American College of Trial Lawyers and one was elected a Vice Chair of the Complex Litigation Committee.
- One of our attorneys is a Past President of the ITC Trial Lawyers Association, the leading bar association for ITC practitioners.
By clicking on filters, the website automatically displays information related to specific interests.
Example: To find Covington’s representative matters, news, and insights related to product liability and mass tort defense class actions, take the following steps:
- Begin on the Product Liability and Mass Tort Defense practice page
- On the section labeled Use Menu Below to Filter Matters and Results, click the arrow next to Litigation and Investigations under the Practices heading
- On the expanded list, click on Class Actions
- Refreshed information will be displayed under the Representative Matters and News and Insights sections of the page
- To refine the information further, click on Life Sciences under the Industries heading