Venable's experienced team of IP attorneys and litigators helps clients navigate the International Trade Commission's (ITC) fast-paced and notoriously intensive Section 337 investigations with efficiency and confidence.
International Trade Commission Section 337 Investigations
Experience
Experience
- Defended a leading smart thermostat manufacturer in three separate ITC investigations brought by two different complainants. In each investigation, the administrative law judge issued an initial determination fully in support of our client, finding that there was no violation of any patent claim. The full commission agreed. In the first investigation, the complainant filed an appeal to the Federal Circuit, but ultimately dismissed the appeal
- Asserted claims before the ITC on behalf of a leading automotive manufacturer seeking to exclude certain vehicles made and sold by a recreational vehicle (RV) maker. Defeated the respondent's contract-based defense that was adjudicated as part of the ITC's 100-day pilot program. The case proceeded to a full investigation. Tried our client's claims at a week-long evidentiary hearing, after which the administrative law judge found that the respondent's vehicle infringes our client's trade dress. The commission confirmed this decision and issued orders banning any further importation or sale of the respondent's vehicle. The ITC's orders (as subsequently modified) were affirmed on appeal
- Represented a leading multinational technology company in numerous ITC investigations against 140+ total respondents, obtaining four general exclusion orders spanning dozens of key imaging technology patents. Achieved successful outcomes in post-exclusion order proceedings before both CBP and the ITC
- 337-TA-3586: Represented complainant in an investigation concerning certain monomer-dimer hybrid immunoconjugates
- 337-TA-1277: Defended a leading smart thermostat manufacturer in multiple patent infringement actions related to load control switches and components
- 337-TA-1260: Represented complainant in ongoing investigation relating to toner supply containers
- 337-TA-1259: Represented complainant manufacturer in an investigation concerning toner supply containers
- 337-TA-1258: Defended a leading smart thermostat manufacturer in multiple patent infringement actions related to certain smart thermostat systems, smart HVAC systems, and smart HVAC control systems
- 337-TA-1214: Defended manufacturer in investigation concerning height-adjustable desk platforms
- 337-TA-1187: Represented complainant in patent infringement action involving electronic devices with optical filters and optical sensor systems
- 337-TA-1185: Defended a leading smart thermostat manufacturer in multiple patent infringement actions related to certain smart HVAC systems
- 337-TA-1150: Defended a leading telecommunications company in an investigation concerning certain data transmission devices and associated software
- 337-TA-1106: Represented complainant manufacturer in an investigation concerning toner cartridges
- 337-TA-1054: Represented complainant in patent infringement action directed to height-adjustable desks
- 337-TA-1045: Defended device manufacturer in patent infringement action involving document cameras and scanning technology
- 337-TA-1019: Represented manufacturer in complex patent infringement action concerning Krill Oil formulations
- 337-TA-1015: Represented manufacturer in asserting unregistered trade dress in an investigation concerning the configuration of Hand Dryer housing
- 337-TA-995: Represented complainant in an investigation concerning electrical conductor composite cores
- 337-TA-992: Represented complainant in an ongoing investigation concerning height-adjustable desk platforms
- 337-TA-973: Defended respondent against patent infringement allegations concerning wearable activity device trackers
- 337-TA-970: Represented complainant manufacturer in an investigation concerning height-adjustable desk platforms
- 337-TA-963: Represented complainants in an investigation concerning patents and trade secrets related to activity-tracking devices
- 337-TA-954: Defended auto maker in high-stakes investigation concerning patents directed variable valve actuation devices seeking to block importation of vehicles into the United States
- 337-TA-930: Defended multiple respondents in an investigation concerning laser-abraded denim garments
- 337-TA-929: Defended manufacturer in Enforcement Action concerning beverage brewing capsules, ITC issued final determination of no violation
- 337-TA-920: Represented a respondent in an investigation concerning integrated circuits
Recognition
Recognition
- U.S. News – Best Lawyers
- Best Law Firms, Litigation – Intellectual Property (Tier 1), Washington, DC, 2012 – 2020, 2022
- Best Law Firms, International Arbitration – Commercial, 2016, 2023
- Best Law Firms, International Arbitration – Governmental, 2016
- Chambers USA, Intellectual Property: Litigation, Washington, DC, 2016