Wolf Greenfield's Unique Approach to ITC Litigation
The US International Trade Commission (“ITC”) is a popular but complex avenue for enforcing intellectual property rights. Successfully navigating the unique rules and procedures of ITC investigations as the complainant or the respondent requires counsel with substantive legal knowledge and first-rate trial skills.
Wolf Greenfield’s ITC practice includes litigators with decades of intellectual property trial experience, extensive technical prowess, and a comprehensive understanding of the ITC’s unique substantive and procedural law, providing our clients with the best possible resources for achieving their objectives.
Wolf Greenfield is nationally recognized as one of the best-performing law firms for its representation of both complainants and respondents. In January 2020, Patexia published its first annual “ITC Intelligence Report,” which includes rankings of law firms handling patent litigation at the International Trade Commission over the past five years. Wolf Greenfield was recognized to be in the top 5% of all national firms (#11 out of 268 national law firms) for respondent-side and complainant-side success.
Our exceptional track record of success includes obtaining the first-ever victory on unpatentability in a 100-day proceeding, successfully obtaining a rarely-granted General Exclusion Order, and significant experience before US Customs and Border Protection (“Customs”) with the recent Inter Partes Rule 177 proceedings. Our legal talent and prowess is bolstered by our unparalleled technical experience, where over 90% of our team members have science or engineering degrees, and over 70% of our team members have advanced technical degrees.
About ITC Litigation
Section 337 of the Tariff Act of 1930 prohibits unfair trade practices, including the importation of articles that violate a valid US patent, trademark, trade dress or copyright infringement. Section 337 also applies to the misappropriation of trade secrets and other forms of unfair competition.
Section 337 Investigations move at a rapid pace, and the primary remedy available to the complainant is an order that excludes importation into the US of the infringing article. As a result, Section 337 Investigations are high-stakes matters requiring serious and prompt attention.
Wolf Greenfield Representative Experience
Wolf Greenfield represents both complainants and respondents in Section 337 ITC investigations with a significant track record of success. Wolf Greenfield obtained the first ever victory on unpatentability in a 100-day proceeding. Moreover, in the last four years alone, Wolf Greenfield has handled 10 Section 337 ITC Investigations, with client success in each one. Wolf Greenfield also handles enforcement and modification proceedings before the ITC, as well as enforcement-related proceedings (including proceedings regarding redesigned products) before Customs.
Wolf Greenfield’s recent representative experience at the ITC and before Customs includes: