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Section 337

Law at the intersection of trade and intellectual property.

Whether acting for complainants or respondents, Husch Blackwell’s Section 337 team brings together a powerful collection of attorneys focused on intellectual property, administrative law and international trade. Having handled dozens of matters before the U.S. International Trade Commission (ITC), we understand the essential elements of a successful Section 337 action in this specialized venue, where cases move significantly faster than standard federal litigation and follow unique processes and procedures. Our team has handled Section 337 cases spanning a wide variety of products, industries and technologies, thus becoming very well-versed in the substantive and procedural peculiarities of the ITC.

Moreover, our Section 337 expertise does not end at the ITC: our attorneys have extensive experience handling enforcement matters before U.S. Customs & Border Protection and policy issues before the U.S. Trade Representative and Congressional committees.  We also work closely with seasoned economic experts, whose testimony on issues such as domestic industry and public interest can be crucial to obtaining a favorable result.

Section 337 actions typically involve a company seeking injunctive-like trade remedies in connection with one or several of the following areas:

•    Patent infringement
•    Copyright infringement
•    Trademark/trade dress/false advertising/Lanham Act claims
•    Unfair competition or antitrust claims

Given the breadth of the ITC’s scope and jurisdiction, as well as the expansive economic impact of its decisions, it is important for all market participants to anticipate the offensive and defensive strategies available. We assist clients in developing their broader trade, intellectual property and commercial strategies and are equally skilled in asserting or defending against claims when litigation in inevitable. Our team also excels at using key inflection points in ITC proceedings to fashion favorable settlements when ending the litigation is of primary importance.

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