ITC Proceedings

Home / Services / ITC Proceedings
All services
Patent Litigation

ITC Section 337 proceedings let patent owners block infringing imports at the border on an accelerated 15-to-18-month timeline, and we represent both complainants seeking exclusion orders and respondents defending their products.

An ITC investigation is one of the fastest, sharpest tools in patent enforcement. Under Section 337, the International Trade Commission can order Customs to keep infringing imports out of every U.S. port, no damages required. We handle both sides of these high-stakes proceedings, whether you are pushing for an exclusion order or defending against one, and our engineering backgrounds help us cut through the technical merits quickly.

Why Choose The ITC

The ITC moves on its own clock. Investigations typically conclude in 15 to 18 months, far faster than most district court cases. The Commission has in rem jurisdiction over imported products no matter who manufactured them abroad, and its exclusion orders are enforced by Customs and Border Protection at every U.S. port. You do not have to prove damages to win relief, and temporary exclusion orders may be available while the investigation is still underway.

Representing Complainants

If you want to keep a competitor's goods out of the country, we build the case from the ground up. That means pre-filing investigation to confirm the merits, complaints drafted to meet the ITC's exacting requirements, and a domestic industry showing that demonstrates real economic activity tied to your patents. We coordinate any parallel district court litigation and negotiate consent orders when settlement serves your goals better than a full hearing.

Defending Respondents

When your products are the target, the clock is your biggest enemy. We move fast to expose weaknesses in the complaint, file motions to terminate, and build invalidity and non-infringement defenses backed by the technical record. We challenge the complainant's domestic industry showing where it falls short, and when it makes sense, we help you design around the asserted patents so an exclusion order loses its sting.

After The Investigation

The fight does not always end at the final determination. We handle enforcement and modification of exclusion orders, advisory opinions on whether redesigned products fall outside an order's scope, and appeals to the Federal Circuit. You get continuity from the people who already know your record cold, which keeps the post-investigation phase from starting over at square one.

Frequently asked questions

Section 337 of the Tariff Act bars unfair practices in import trade, including bringing in products that infringe U.S. intellectual property. The ITC investigates these claims and can issue orders that block the infringing imports at the border. It's a powerful tool because it targets the goods coming into the country rather than just the company behind them.

To bring an ITC case, you have to show a domestic industry tied to the patented technology. That means either significant U.S. investment in producing the articles or substantial activity in licensing, engineering, or R&D. If you can't establish a domestic industry, the case can't proceed, so we assess this early.

The ITC can issue exclusion orders that stop infringing imports at the border and cease-and-desist orders that halt related domestic activities like selling existing inventory. What it can't do is award money, so the ITC is about stopping products, not collecting damages. That's why many patent owners pair it with a district court case.

It's common to file both at once. The ITC's fast 15-to-18-month timeline and the threat of an exclusion order create leverage, while the parallel district court case is where you pursue monetary damages. Used together, they put pressure on the other side from two directions.

Yes. The ITC's final determinations are appealed to the Federal Circuit, the same court that hears patent appeals from district courts. On appeal, the Commission's factual findings are reviewed under the deferential substantial-evidence standard, while legal questions get a fresh look.

Often, yes. Respondents frequently develop non-infringing alternatives during the investigation so they can keep selling even if an exclusion order issues. We help design around the asserted patents in a way that sidesteps exclusion while keeping the product commercially viable.

Our team

Attorneys who can help

Document products

Related document products

Order attorney-drafted documents related to this service.

Browse all products

Let's talk about your itc proceedings needs.

Get in touch