Posternak Blankstein & Lund LLP is now Arent Fox. Read the press release

Section 337 ITC Litigation

Client Tested. Patent Approved.
Arent Fox is a leader in Section 337 litigation before the US International Trade Commission.

Our team was recognized by Corporate Counsel & IP Insider as "One of the Top 10 Most Active Law Firms Litigating Section 337 Claims before the International Trade Commission." The firm's headquarters in Washington DC, the seat of the ITC, gives us easy access for filings and hearings, as well as an excellent vantage point for remaining completely current on developments at the ITC.

Arent Fox boasts well over a dozen seasoned intellectual property and international trade attorneys who have hands-on experience in Section 337 matters and the proven ability to keep pace with these fast-moving cases. The firm counted among its attorneys the former Chief of the Patent Branch of the ITC’s Office of Unfair Import Investigations until his retirement, and also current and former officers and members of the ITC Trial Lawyers Association and the American Intellectual Property Law Association. Our attorneys have spoken on ITC issues in the United States, Europe, and Asia. The team is also supported by a premier Intellectual Property practice and a nationally recognized Complex Litigation practice.

Most Section 337 cases arise out of patent disputes involving complex technical issues. Arent Fox’s Section 337 attorneys have in-depth knowledge across a wide spectrum of computer/software, electrical, biotechnology, chemical, pharmaceutical, medical device, and mechanical technologies. They have gained this experience through formal academic training (members of our 337 litigation team have undergraduate and/or advanced degrees in technical subjects), industry experience, and technical litigation. Many members of the team are registered patent attorneys.

The accelerated pace of Section 337 proceedings can cause fees to skyrocket out of control unless closely and intelligently managed. Because of our attorneys’ extensive Section 337 experience and our policy of staffing cases as leanly as possible, Arent Fox has the proven ability to handle cases in a cost-effective manner while achieving desirable outcomes. In addition to proceeding independently in many cases, Arent Fox has also successfully participated in joint defense teams. We understand when to mount a joint defense and, at the same time, how to remain ready to proceed alone if others settle under terms unacceptable to our client. In sum, Arent Fox focuses on effectively and efficiently litigating cases to a successful conclusion while creating and preserving opportunities for favorable settlements.

Summary of Representative Section 337 Investigations*

* Due to the large number of matters and many years of practice, only certain examples of investigations are listed.

Investigation No. & Title

Client(s)

Result

1018 Athletic Footwear

RBX Active 01; Elite Performance Footwear; TRB Acquisitions

Favorable settlement

974  Aquarium Fitting

Hydor USA Inc.

Favorable settlement

930  Laser Abraded Denim Garments

Diesel S.p.A.; Private Label Tehuacan; Ropa Siete Leguas; The Gap, Inc.

Favorable settlements

807  Digital Photo Frames and Image Display Devices

Aluratek, Inc.

Favorable settlement

773  Motion-Sensitive Sound Effects Devices and Image Display Devices

Christie Digital Systems USA; VTech Electronics N. America; VTech Holdings

Favorable settlements

732  Elastomeric Gel

PHE, Inc.; Tenga Co.

Favorable settlements

722  Automobile Vehicles and Designs

Xingyue Group Co.; Shanghai Xingyue USA, Inc.; Zhejiang Singyue Vehicle Co.; Boat N RV Supercenter

Favorable settlements

686  Bulk Welding Wire Containers and Components Thereof

Sidergas S.p.A.

Trial victory affirmed on appeal

644  Composite Wear Components

Fonderie Acciaierie Roiale, S.p.A.

Favorable settlement

640 Short-Wavelength Light Emitting Diodes, Laser Diodes and Products

Motorola, Inc.

Favorable settlement

623 R-134a Coolant

Sinochem Ningbo; Sinochem USA

Win

597 Bassinets

Simplicity, Inc.

Favorable settlement

In addition to the investigations listed above, Arent Fox attorneys have participated in the following investigations:

493  Alkaline Batteries
467  Repositionable Notepads
456  Gel-filled Wrist Rests
449  Abrasive Products
434  Magnetic Resonance Injection Systems
433  Safety Eyewear
428  Integrated Circuit Chipsets
426  Spiral Grilled Products Including Ducted Fans
410  Coated Optical Waveguide Fibers
409  CD-ROM Controllers
407  Remodulating Channel Selectors
406  Lens Fitted Film Packages
405  Automotive Scissors Jacks
404  SDRAMs, DRAMs, ASICs, RAM and Logic Chips Microprocessors,Microcontrollers
397  Dense Wavelength Division Multiplexing Systems
392  Digital Satellite Systems (DSS) Receivers
388  Dynamic Random Access Memory Controllers and Multi-LayerIntegrated Circuits
387  Self-Powered Fiber Optic Modems
382  Flash Memory Circuits
376  Variable Speed Wind Turbines
372  Neodymium-Iron-Boron Magnets and Magnet Alloys
355  Vehicle Security Systems
354  Tape Dispensers
328  Bathtubs
316  Power Transmission Chains
310  Pyrethrroids
284  Electric Power Tools, Battery Cartridges and Battery Chargers
274  Toggle Clamps for Clamping, Fixturing Processing and Original
266  Recloseable Plastic Bags and Tubing
265  Dental Prophylaxis Methods, Equipment and Components Thereof
262  Hard Sided Molded Luggage Cases
259  Battery Powered Smoke Detectors
250  Ventilated Motorcycle Helmets
226  Mass Spectrometers and Components Thereof
205  Dialyzers Using Telescoping Connectors
189  Optical Waveguide Fibers
186  Tennis Rackets

Key Contacts