ITC Patent Proceedings
Intellectual Property and Technology | PatentWe represent complainants and respondents before the International Trade Commission in Section 337 patent investigations.
Overview
Protecting Innovation Through ITC Actions
The International Trade Commission provides a powerful forum for addressing patent infringement by imported products. Our ITC practice represents both complainants seeking exclusion orders and respondents defending against Section 337 investigations.
Domestic Industry Requirement
ITC jurisdiction requires showing a domestic industry relating to the patents. We help complainants establish domestic industry through evidence of manufacturing, research, licensing, or other qualifying activities in the United States. We challenge inadequate domestic industry showings when defending.
Exclusion Orders
The ITC can issue exclusion orders barring infringing imports from entering the United States. We pursue general exclusion orders providing broad protection and limited exclusion orders targeting specific parties. These orders are enforced by U.S. Customs.
Accelerated Timeline
ITC investigations proceed faster than district court litigation, typically 12-18 months to a final determination. This accelerated schedule provides faster relief but requires significant resources early in the case.
Discovery and Hearing
ITC discovery is compressed but comprehensive. We manage intensive discovery schedules, prepare witnesses, and develop expert testimony. Evidentiary hearings before Administrative Law Judges require thorough preparation and effective advocacy.
Commission Review
ALJ initial determinations are subject to Commission review. We advocate before the full Commission on legal and policy issues. We address remedy, bonding, and public interest considerations.
Coordination with District Court
ITC and district court proceedings often proceed in parallel. We coordinate strategy across forums, leveraging ITC proceedings for overall advantage while managing interactions between cases.
Our Services
patent_litigation
Federal registration and validity opinions
intellectual_property_litigation
Federal registration and validity opinions
litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Faster timeline (12-18 months), powerful exclusion order remedies, nationwide effect, and particular effectiveness against foreign manufacturers.
Complainants must show a domestic industry—significant U.S. investment in research, manufacturing, licensing, or other qualifying activities related to the patents.
Exclusion orders blocking infringing imports and cease-and-desist orders. No damages, but exclusion orders can be extremely valuable commercially.
Yes, parallel proceedings are common. The ITC case moves faster and may influence or stay the district court case.
Discovery is compressed but comprehensive. Parties must produce discovery rapidly. This requires significant upfront resources.
ITC decisions are subject to Presidential review for policy considerations. While rare, the President can disapprove orders.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
