The International Trade Commission is one of the sharpest tools for stopping infringing imports, because it can block products at the border rather than just award money. We represent complainants pursuing exclusion orders and respondents defending Section 337 investigations, and the compressed schedule rewards teams that understand the technology from day one. Our engineering background lets us get into the accused products and the asserted patents fast, which matters when the whole case moves at ITC speed.
Proving Domestic Industry
ITC jurisdiction hinges on a domestic industry tied to the asserted patents. We help complainants establish it through evidence of U.S. manufacturing, research, engineering, or licensing activity, building the economic and technical record the Commission expects. On defense, we attack weak domestic industry showings head-on, since a failed showing can end the investigation regardless of the merits of infringement.
Exclusion Orders and Remedies
The ITC's signature remedy is the exclusion order, which bars infringing imports at the border and is enforced by U.S. Customs. We pursue general exclusion orders for broad coverage and limited exclusion orders aimed at specific respondents, and we address cease-and-desist orders for inventory already in the country. On defense, we contest the scope of proposed remedies and press public-interest and bonding arguments that can blunt their impact.
The Accelerated Timeline
Section 337 investigations move far faster than district court, typically reaching a final determination in twelve to eighteen months. That speed delivers relief quickly but demands heavy resourcing up front, with discovery and expert work compressed into a tight window. We staff and plan for that pace from the start so the schedule works for you instead of against you, whether you're seeking an order or defending against one.
Hearing, Commission Review, and Parallel Cases
ITC discovery is fast but thorough, culminating in an evidentiary hearing before an Administrative Law Judge that requires real preparation and clean advocacy. After the ALJ's initial determination, we argue legal, remedy, and public-interest issues on Commission review. Because ITC and district court actions often run in parallel, we coordinate strategy across both forums, using the ITC's leverage while managing how the cases interact, including any stay of the district court action.