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Alexander D. Chinoy

Partner

Washington +1 202 662 5559

  • About
  • Representative Matters
  • Credentials
  • About

    Alexander Chinoy assists clients with the resolution of international intellectual property and trade disputes, appearing before a range of U.S. courts and agencies. He is an accomplished trade litigator who has been involved in more than 30 Section 337 unfair import investigations before the U.S. International Trade Commission (ITC), as well as a range of enforcement and regulatory matters involving U.S. Customs and Border Protection (CBP) and the U.S. Department of Commerce. Alex has been recognized as a leading Section 337 litigator by Chambers USA, with sources noting he is "impressive beyond his years of practice."

    Alex is a past President of the ITC Trial Lawyers Association, the leading bar association for Section 337 practitioners. He has hands-on experience with every phase of Section 337 investigations. He has participated in a dozen hearings at the ITC ranging from trials on violation to 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.

    Alex has additional administrative experience before CBP, including classification and compliance matters, as well as before the U.S. Department of Commerce. His 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. Alex 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.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    ITC Trial and Lead Counsel Experience

    • Co-lead counsel for Knowles Corporation in successfully obtaining a downstream general exclusion order and cease and desist orders for trade secrets misappropriation against Bellsing Corporation for an exclusion period of 26 years. In re Certain Balanced Armature Devices, Products Containing Same, and Components Thereof, Inv. No. 337-TA-1186.
    • Hemostatic Products, Inv. No. 337-TA-913
    • Silicon Microphone Packages, Inv. No. 337-TA-888
    • Digital Media Devices, USITC Inv. No. 337-TA-882
    • Silicon Microphone Packages, Inv. No. 337-TA-825

    • Wireless Devices with 3G Capabilities, 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
    • Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619
    • Switches, Inv. No. 337-TA-589
    • Automated Mechanical Truck Transmission Systems, Inv. No. 337-TA-503 (violation and enforcement hearings)
    • Home Vacuum Packaging Machines, Inv. No. 337-TA-496 (temporary exclusion order hearing)

    Other Notable ITC Investigations

    • Light-Emitting Diodes, Inv. No. 337-TA- 785 / 798
    • Vaginal Ring Birth Control Devices, Inv. No. 337-TA-768
    • Wireless Communication Devices and Systems, Inv. No. 337-TA-775
    • Bassinet Products, Inv. No. 337-TA-597
    • Hard Disk Drives, Inv. No. 337-TA-616
    • Agricultural Tractors, Inv. No. 337-TA-486
    • Breath Test Systems for the Detection of Gastrointestinal Disorders, Inv. No. 337-TA-495
    • Display Controllers and Products Containing Same, Inv. No. 337-TA-481/491 (Enforcement)

    Other Notable Trade Matters

    • Intercontinental Marble Corp. v. United States, 98-cv-2961 (Court Int’l Trade), on appeal, No. 03-1555 (U.S. Court of Appeals for the Fed. Circuit). Represented Plaintiff Intercontinental Marble (ICM) in challenging CBP’s classification of ICM’s stone products as geological limestone, rather than commercial marble, under the Harmonized Tariff Schedule (HTSUS). ICM obtained a favorable summary judgment from the CIT that its products were properly classified as marble under the HTSUS. The United States appealed to the Federal Circuit. Following briefing and argument, the CAFC rejected the Government’s appeal and affirmed the CIT’s decision.
    • Corn Products International, Inc. v. United Mexican States, ICSID Case No. ARB (AF)/04/1. Represented claimant Corn Products in arbitration before the International Centre for Settlement of Investment Disputes (ICSID), under Chapter 11 of the North American Free Trade Agreement (NAFTA). Corn Products challenged the Government of Mexico’s expropriatory tax levied on high fructose corn syrup.

    Areas of Expertise

  • Credentials
    Education
    • University of Virginia School of Law, J.D.
        • Virginia Journal of Sports and the Law, Production Editor
        • Moot Court
    • University of Virginia, B.A.
    Bar Admissions
    • District of Columbia
    • Virginia
    Judicial Clerkship
    • Hon. William G. Bassler, U.S. District Court, District of New Jersey
    • Hon. Edward L. Hogshire, City of Charlottesville Circuit Court
    Languages
    • German
    Pro Bono
    • 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.
    Accolades
    • Chambers USA, International Trade: Intellectual Property (Section 337) (2017-2021) 
    • Chambers Global, International Trade: Intellectual Property (Section 337) (2019-2021)
    • Legal 500 US, Patent Litigation: International Trade Commission (2014-2017) and Dispute Resolution - International Trade (2017-2018)
    • Managing Intellectual Property - IP Stars - DC - Patent (2018-2019) 
    • IAM Patent 1000 - The World’s Leading Patent Practitioners (2015)
    Memberships and Affiliations
    • ITC Trial Lawyers Association, Past President

    Areas of Expertise

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