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ITC Litigation

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Litigation

Post-Grant

Prosecution & Counseling

ITC Section 337 Patent Litigation

The International Trade Commission (“ITC”) addresses high-stakes intellectual property disputes involving imported goods. With its expedited schedules and exclusionary remedies, the ITC can resolve issues quickly and forcefully. It offers a speedy and substantive resolution for companies seeking to block the importation of products that infringe a U.S. intellectual property right or are otherwise produced in unfair competition. Unlike district courts, the ITC can even look across international borders and bar products that come into the U.S. based on unfair acts that occur overseas.

Fish was active in the ITC long before the “rush” to appear in its chambers, and we have the track record to prove it. Fish handles more ITC patent litigation than any other law firm. In fact, Fish handled 25 percent of all new ITC matters in 2017. Fish’s ITC practitioners are consistently recognized as a dominant presence in this area. They are high-regarded for their extensive experience representing many of the world’s leading brands on a range of complex issues, and for bringing unique legal insights.

Our formidable team includes a former Supervisory Attorney from the ITC’s Office of Unfair Import Investigation (“OUII”) with more than 20 years of experience litigating ITC cases, as well as a prominent trial attorney who co-teaches (with one of the ITC’s judges) the first law school class in the country dedicated to ITC practice. Our team’s broad skill set and deep bench allows us to bring a multidisciplinary approach to ITC proceedings, drawing on our expertise in patent law, litigation, ITC procedure, and licensing, to provide a competitive advantage for our clients.

Recent Case Experience

DSM Desotech Inc., et al. v. Momentive UV Coatings Co. Ltd., et al. (International Trade Commission, 337-TA-1031) – Lead trial counsel for Respondent Momentive UV Coatings in the matter of certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same. DSM Desotech Inc. et al. (“DSM”) accused Momentive UV Coatings Co. Ltd. (“MUV”) and OFS Fitel (“OFS”) of infringing U.S. Pat. Nos. 6,961,508, 7,171,103, 7,067,564, and 7,706,659 (“the patents-in-suit”). Specifically, DSM sought to block the importation of MUV’s UV curable coating products into the United States. The ITC, however, issued a Final Determination finding all asserted claims of the patents-in-suit either invalid or not infringed by MUV.

 


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ITC Litigation

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June 28, 2018
Fish & Richardson Attorney Ricardo Bonilla Named a 2018 On the Rise – Top 40 Young Lawyer by the ABA
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June 13, 2018
Andrew Kopsidas Quoted in Managing Intellectual Property, "How the New ITC Rules Change Litigation Strategy"
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June 4, 2018
Fish & Richardson Adds Distinguished Intellectual Property and Patent Litigator Esha Bandyopadhyay to Silicon Valley Team
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May 22, 2018
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2018
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February 22, 2018
Fish & Richardson Receives Top “Band 1” 2018 Rankings for Intellectual Property and ITC Practices from Chambers Global
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September 11, 2017
What Happens in the ITC Stays in the ITC – Except for Related District Court Cases
What Happens in the ITC Stays in the ITC – Except for Related District Court Cases
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August 28, 2017
Recent Case Highlights the Breadth of the ITC’s “Sufficient Involvement” Standard for Establishing Jurisdiction over Respondents
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July 25, 2017
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2017
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Fish & Richardson Sweeps National Tier 1 IP Rankings from Managing Intellectual Property for Seventh Consecutive Year
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