With technical depth and high-stakes IP litigation experience, Fabricant LLP provides strategic and comprehensive counsel to help our clients successfully navigate the fast-paced proceedings of the United States International Trade Commission (ITC) and achieve the best possible outcome. 

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More and more global IP disputes include Section 337 investigations at the ITC, which protects U.S. industries from unfair competition connected to foreign imports. Litigation at the ITC typically involves assertion of patents against parties that import or sell allegedly infringing goods. The ITC’s accelerated proceedings and broad remedial orders make it an attractive alternative or complement to U.S. District Court litigation, particularly for companies with complex, sophisticated, or “bet the company” IP disputes. ITC disputes are high-stakes and fast-paced. Fabricant provides a trial-ready team that has extensive experience and understands the intricacies and Section 337 Investigations, and skillfully counsels its clients through the litigation, from pre-institution to post-remedy enforcement before the ITC, the U.S. Trade Representative (USTR), and U.S. Customs and Border Protection (CBP). 

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ITC Section 337 investigations typically advance to trial in about eight to ten months, which results can significantly influence a business’s bottom line, supply chain, or even its continued existence. It is pivotal to hire a trial-ready team that understands the unique and complex ITC procedures and technical issues of Section 337 litigation. 

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Fabricant LLP represents complainants, respondents, and non-parties in Section 337 investigations across a spectrum of industries¾including LED lighting and displays, consumer electronics and products, mobile electronic devices and chipsets, semiconductors, automotive, and computer software and hardware in matters involving all forms of IP. Our dedicated ITC team has extensive knowledge and experience navigating all aspects of Section 337 investigations. Our success litigating at the ITC is a result of our deep understanding of the ITC’s procedural rules, body of law, evidentiary hearings, and administrative law judges. 

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Our lawyers have also coordinated representations in parallel proceedings when investigations involve concurrent litigation in federal district courts or post-grant proceedings before the Patent Trial and Appeal Board. 

 

Fabricant LLP also partners with law firms that can benefit from its experience and dedicated team of Section 337 attorneys. In that capacity, Fabricant LLP works with the broader team as co-counsel to ensure that the client receives the specialized service it needs while retaining its preferred IP litigation counsel.

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