Section 337
Successful Section 337 representation requires both aptitude in intellectual property litigation and specialized skills unique to practicing before the ITC. Alston & Bird consistently ranks among the top ten Section 337 practices in the country, according to IP Law & Business, and we represented clients in 22 percent of the ITC’s docket in 2010. Our recent track record—winning each of our last six Section 337 investigations tried before the Commission's ALJs—has garnered us a significant reputation for success.
Alston & Bird’s Section 337 team combines seasoned intellectual property trial lawyers, many of whom have advanced degrees in the electronic, chemical, mechanical and biotech arts, with litigators skilled in the ITC’s procedures. Calling upon the skills of our Washington-based International Trade and Regulatory Group and the firm’s 180 IP lawyers, Alston & Bird is capable of handling Section 337 investigations of any magnitude and in virtually any technology. Alston lawyers with past experience before the ITC are listed under the “Professionals” tab on the left side of this page
OUR EXPERIENCE
Alston & Bird has recently had notable successes on behalf of complainants, respondents, intervenors and third parties affected by Section 337 investigations. A list of our representative cases is located behind the Experience link to the left.
Our ITC experience extends well beyond Section 337 proceedings, as the ITC administers several of the U.S. trade remedies laws. For example, the ITC plays a critical role in antidumping and countervailing duty proceedings, as well as Section 201 and 421 safeguards investigations. In these cases, the commission collects facts, conducts a hearing and makes either a determination or (in a safeguards proceeding) a recommendation to the president. Our trade lawyers regularly appear before the commission and interface often with commission staff. Because the ITC is such a large part of the practice, we regularly monitor commission developments and are active members of the ITC Trial Lawyer’s Association.
OUR SECTION 337 TEAM
Alston & Bird’s Section 337 litigation practice draws from the IP, litigation and international trade groups from all eight of the firm’s offices, as appropriate, to match the technical, geographic and litigation needs of our clients. Because Section 337 proceedings are held in Washington and require special administrative litigation skills, our solid base of skilled ITC practitioners in Washington work fluidly across our firm's offices.