For decades, Foley attorneys have combined litigation, intellectual property, and international trade knowledge and experience to successfully represent complainants and respondents before the International Trade Commission (ITC). The ITC is a fast-paced, high-stakes forum for companies owning U.S. intellectual property rights and having a protectable domestic industry.
Broad in scope, Section 337 grants the ITC the ability to hear and resolve complaints brought by companies alleging unfair acts in the importation of products. Most Section 337 cases involve allegations of infringement of patents, trade secrets, trademarks, and copyrights. However, the statute broadly covers non-IP violations and the ITC has heard cases involving unfair acts, antitrust violations, and Lanham Act claims, among others. The venue is unique from its district court counterpart in its speed and available remedies. Successful complainants can obtain exclusion orders prohibiting importation of articles that are found to violate Section 337, as well as cease and desist orders governing unfair activity involving violative articles imported prior to the exclusion order.
Foley attorneys combine exceptional litigation and trial experience, broad-based and deep technical knowledge, and long-standing familiarity with the ITC’s substantive rules and procedures to develop and implement successful complainant and respondent strategies. These strategies are typically primary components of large, complex, global disputes. Possessing a unique blend of trial and technology experience, Foley offers its clients an advantage before the ITC.