Axinn’s deep bench of seasoned IP trial attorneys are experienced at navigating the intricacies of Section 337 investigations. Although damages are not available, these proceedings offer the powerful remedy of excluding from importation into the United States products determined to infringe the asserted patents or trademarks (or other forms of unfair competition such as trade secret misappropriation, false advertising, or copyright infringement). Our attorneys have a proven track record of success in this specialized forum on behalf of complainants, respondents, intervenors, and third parties in different technology fields, including mobile devices, video, image sensors, semiconductors, displays, chemical compounds, and mechanical devices.
Our team of IP trial attorneys have handled numerous hearings before different ALJs with successful outcomes on behalf of clients. Representative examples include:
- Obtained withdrawal of a patent family in response to motion for summary determination of invalidity and initial determination of no violation as to remaining patents in investigation involving generations of mobile devices and tablet computers; terminated second investigation and related district court action as part of global resolution.
- Obtained termination of investigation involving CMOS image sensors and concurrent district court action with additional asserted patents as part of resolution following claim construction and conclusion of fact discovery.
- Obtained withdrawal of five asserted patents during investigation on behalf of respondent welding wire manufacturer and determination of non-infringement as to all accused products and invalidity of one patent claim; final determination affirmed by Federal Circuit.
- Led defense group on behalf of five different groups of respondents involving LCD products, our attorneys obtained a final determination of no liability on all five asserted patents, affirmed by the Federal Circuit.
The intensity and speed of 337 investigations demand not just technical and legal expertise but also familiarity with the particularities of ITC practice and procedures, including the role and preferences of the Office of Unfair Import Investigations (“OUII” or “Staff”). These matters are typically completed between 15 to 17 months from institution until disposition, during which the sheer amount of discovery and motion practice can be crushing. Complainants and respondents may take at least twenty depositions per side and propound up to 175 interrogatories, and in investigations where OUII is a party, Staff may conduct additional discovery and file its own motions. Responses to discovery and motions are due within ten days of service. Accordingly, 337 investigations present significant expense and challenges to all parties.