ITC Section 337 Proceedings

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.

Recent Experience

• Certain Interactive Fitness Products Including Stationary Exercise Bikes, Treadmills, Elliptical Machines, and Rowing Machines and Components Thereof, Inv. No. 337-TA-1310
• Certain Electronic Exercise Systems, Stationary Bicycles and Components Thereof and Products Including Same, Inv. No. 337-TA-1305
• Certain Residential Premises Security Monitoring and Automation Control Panels, Inv. No. 337-TA-1273
• Certain Fitness Devices, Streaming Components Thereof and Systems Containing the Same, Inv. No. 337-TA-1265
• Certain UMTS and LTE Cellular Communication Modules and Products Containing the Same, Inv. No. 337-TA-1240
• Certain Light-Emitting Diode Products, Fixtures, and Components Thereof, Inv. No. 337-TA-1213
• Certain Wearable Monitoring Devices, Systems, and Components Thereof, Inv. No. 337-TA-1190
• Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof, Inv. No. 337-TA-1140
• Certain Potassium Chloride Powder Products, Inv. No. 337-TA-1013
• Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010
• Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing the Same, Inv. No. 337-TA-984
• Certain Integrated Circuits and Products Containing the Same, Inv. No. 337-TA-920
• Certain Handheld Magnifiers and Products Containing the Same, Inv. No. 337-TA-901
• Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-860