Publications

"Weighing Licensing Activities at the ITC"
"Rapid Response by the Respondent: The Key to Successfully Defending a Section 337 Case at the U.S. International Trade Commission"
"ITC’s Broad Definition of 'Domestic Industry'"
"The FTC's Recommendations to the ITC: Unsound, Unmeasured, and Unauthoritative"

ITC Section 337 Litigation

Successfully litigating patent infringement cases in the International Trade Commission (ITC) requires a thorough understanding of the unique aspects of the ITC’s substantive law and procedural rules. Because ITC cases are very likely to proceed to trial, it is critical to be represented by lawyers who have both a deep understanding of the ITC and the trial skills to prevail. Our attorneys have litigated over 40 patent infringement cases before the ITC and hundreds more in federal District Courts, and have the experience necessary to guide clients through these types of complex disputes.

A Pure Trial Firm with An Unmatched Understanding of the ITC

As noted by Chambers USA, Legal 500, Law360 and other leading legal publications, McKool Smith has a top ranked intellectual property practice, with an unrivaled record of success in high-stakes patent litigation. Our ITC practice includes a former senior investigative attorney with the ITC who is a trained engineer and served as lead government attorney in several Section 337 investigations involving high-technology patent litigation. The team also includes a former United States Customs attorney who has experience in proceedings before Customs to determine the scope of ITC exclusion orders,and numerous seasoned intellectual property trial lawyers and attorneys with advanced engineering and science degrees.

These unique skills and capabilities enhance our understanding of the subtleties of ITC litigation and enable us to successfully and efficiently achieve our clients’ objectives.