Patents: litigation (International Trade Commission) in United States
The renowned international trade boutique Adduci, Mastriani & Schaumberg, LLP in Washington DC offers fourty years of Section 337 expertise. Since its foundation in 1980, the firm has represented a long string of prestigious clients from a broad sector spread, including the key technology, life sciences and consumer products sectors, both as stand-alone counsel or in collaboration with another law firm for the non-ITC aspects of a dispute. The core players in the hugely experienced group include the founding fathers James Adduci, Louis Mastriani and Tom Schaumberg as well as Deanna Tanner Okun, who served two terms as chairman of the International Trade Commission and became managing partner of the firm in January 2020. Paul Bartkowski is also recommended. Lauren Peterson made partner in January 2020 while Evan Langdon left for Nixon Peabody LLP in September 2019.
James Adduci; Louis Mastriani; Tom Schaumberg; Deanna Tanner-Okun
‘The team at Adduci was very responsive and comprehensive throughout the fast-paced ITC process. They quickly got up to speed on the issues and quickly understood what topics were most critical for us. They kept us involved and informed and made the entire process run incredibly smoothly.‘
‘This firm is a small boutique firm which means you don’t get lost in the shuffle or handed off to multiple parties. Trade is a very specialized area and this firm seems to cover any potential specializations within trade. They are knowledgeable helpful and very comfortable to work with.‘
‘Outstanding boutique practice. Deanna Tanner Okun has built an outstanding team that makes even medium to smaller size clients feel they are getting the absolute best and immediate attention. The team compliment each other very effectively and there has not been an issue or question where we have not gotten fast, accurate and helpful information in making important decisions. ‘Best in Class’…‘
‘AMS has tremendous expertise in International Trade Commission work of all kinds, including Section 337 litigation. It tends to hire former ITC attorneys from staff level departments and the general counsel’s office, and even has the former chairperson of the ITC. They pair well with substantive patent litigation counsel and are skilled at navigating the rules and agency practices that are different from district court litigation.‘
‘Tom Schaumberg is a true ‘dean’ of the ITC patent bar with several decades of experience at the agency. He is client-focused and unusually insightful.‘
‘Deanna Tanner Okun is especially well-connected with the ITC community, having served as the Chairperson of the ITC for many years before going into private practice. She is experienced, yet creative and keeps her finger on the pulse of ITC practices, which is ever-evolving.‘
‘Deanna Tanner Okun is the lead counsel for our interests. She is easy to discuss difficult issues with, I can address any concerns at any time. Deanna takes the broad picture into focus, accounting for every angle in a difficult trade environment! She is a superior practitioner.‘
Ecolife Technologies, Inc.
HOIST Fitness Systems, Inc.
I4F Licensing NV
Lowe’s Companies, Inc.
Technicolor Connected Home USA, LLC
Virtus Pharmaceuticals, LLC
- Successfully represented respondents Denso Corporation and Denso International America, Inc., in a patent infringement investigation against complainant Intellectual Ventures (IV) regarding thermoplastic-encapsulated electric motors by demonstrating that IV did not own the patents in question.
- Represented complainant Dynamics Inc. in a patent infringement case against Samsung Electronics America, Inc. and Samsung Electronics, Co., Ltd. regarding infringing mobile devices with multifunction emulators.
- Represented respondents Ecolife Technologies, Inc., Ecopure Filter Co., Ltd., Hong Kong EcoAqua Co., Ecolife Technologies LLC against complainants Electrolux Home Products, Inc. and KX Technologies, LLC in a patent infringement case regarding water filters.
- Successfully represented complainant HOIST Fitness Systems, Inc. against respondents Shandong Relax Health Industry Co. Ltd. and TuffStuff Fitness International, Inc. in a patent-based Section 337 action before the U.S. ITC regarding strength-training fitness systems.
- Represented I4F Licensing NV and a dozen respondents against complainants Flooring Industries Ltd., IVC US Inc., Mohawk Industries, Inc. in a patent infringement case regarding luxury vinyl tile, an investigation which addresses and, through pending settlement, resolves numerous clashes over IP in the flooring aspect of the home-building industry.
Finnegan, Henderson, Farabow, Garrett & Dunner LLP is especially sought after for ITC cases with parallel-running district court litigation. The IP boutique covers an extensive sector spectrum, ranging from the chemical and life sciences sectors to the technology and the manufacturing sector, having gained expertise in a number of the most significant ITC investigations of the past decade. The group impresses with a deep bench of practitioners who are experienced in ITC investigations and district court litigation alike. A key stand-out feature are the firm's Asian offices in Tokyo and Taipei, with whom the practice frequently joins forces, as well as its bases in Seoul and Shanghai. Smith Brittingham directs the ITC practice, while Anand Sharma acts as the firm's managing partner and Mark Sweet acts as chair of the firm. Elizabeth Niemeyer and Mareesa Frederick are also noted. All named lawyers are based in the Washington DC office. Andrew Holtman and Brandon Rash left for Akin Gump Strauss Hauer & Feld LLP in September 2019.
Anand Sharma; Mark Sweet; Smith Brittingham
‘Extremely professional and dedicated with very strong ethics/integrity and client driven. Pleasure to work with the team on both a personal and professional level.‘
‘The firm team exhibited a very strong set of experience, knowledge and capabilities in the ITC process and procedures. They were very much client-driven and provided information and status throughout the process. Also, they were very patient in given us perspective on alternatives, typical events and explaining related details to better help us work through the entire case.‘
iFlight Technology Co., Ltd.
Leyard Optoelectronic Co., Ltd.
REC Solar Pte. Ltd.
Signify Netherlands B. V.
Syneron Medical Ltd.
Toyota Motor Corp.
- Successfully represented Toyota entities in ITC investigation related to electric motors, leading the joint defense group in various discovery and strategic efforts, argued a portion of the Markman hearing, and played a major role at trial, including opening argument and examining several key witnesses.
- Represented Syneron Candela in an ITC investigation against 18 respondents regarding a patent family covering an aesthetic medical device that uses radio frequency energy to remove wrinkles from skin.
- Represented complainant SIPCO LLC in an ITC investigation against Emerson Electric, Analog Devices and their respective subsidiaries regarding patents covering wireless mesh networking technologies.
- Represented respondents REC Americas, REC Solar Holdings and REC Solar Pte Ltd. in an ITC investigation regarding patents covering solar cells.
- Defended Stokke AS and Stokke LLC against claims of patent infringement for its baby carrier product, ‘MyCarrier’, ultimately obtaining a successful settlement.
Kirkland & Ellis LLP impresses with a string of successful and historic representations in ITC investigations, such as obtaining the first ever temporary exclusion order, acting in the largest ITC investigation to date and securing multiple precedent-setting rules. Under the lead of key practitioners Gregory Arovas in New York and Paul Brinkman in Washington DC, the group continues to attract a varied high-profile caseload, including ITC investigations themselves, but also appeal proceedings and the enforcement of exclusion orders with US Customs and Border Protection, all in addition to the firm's excellent track record in district court and PTAB litigation. Patent and trade secret litigator Ellisen Shelton Turner joined the firm from Irell & Manella LLP in October 2019. Sarah Piepmeier joined Perkins Coie LLP in September 2019.
Gregory Arovas; Paul Brinkman
Other key lawyers:
Adam Alper; Michael De Vries; Helena Kiepura; Joseph Loy; Nathan Mammen
Cisco Systems, Inc.
Heineken International B.V.
Samsung Electronics Corp.
Sony Computer Entertainment, Inc.
- Successfully represented Heineken in an ITC investigation against Anheuser-Busch InBev regarding patents covering the client’s Blade and BrewLock home draft dispensing systems, obtaining the withdrawal of the infringement case in its entirety days prior to the ITC trial.
- Represented Intel Corporation and its customers (Acer, Inc., Acer America Corporation, Astute Computer Inc., Asus Computer International, Lenovo Group Ltd., Lenovo(United States) Inc., Micro-Star International Co., Ltd., and MSI Computer Corp.) in high-stakes patent litigation adverse to Tela Innovations, Inc. involving ten patents covering circuit layout technology.
- Successfully defended Kapsch against Neology in infringement litigation regarding the ISO 18000-6C standard for radio-frequency identification (RFID) communication, mounting a coordinated strategy in multiple fora (district court, PTAB, Federal Circuit, ITC).
- Represented Motorola Solutions and Motorola Solutions Malaysia Sdn. Bdn. against its competitor Hytera Communications in a series of global disputes with significant geopolitical implications concerning Motorola’s allegations that Hytera misappropriated its trade secrets relating to two-way radio products by stealing thousands of confidential Motorola documents, and also is infringing multiple Motorola patents. The dispute involves an ITC investigation, district courts in the US, Germany and Australia in addition to antitrust claims in the US and China and IPR proceedings.
- Represented Samsung Electronics Co. Ltd. and its affiliates in patent litigation against BiTMICRO, LLC and BiTMICRO Networks, Inc. at the ITC, the U.S. District Court for the Northern District of California, and the PTAB regarding patents covering stacked memory technology used in solid state drives, stacked electronic components, processors, dynamic random access memory and static random access memory.
With the Washington DC-based Bert Reiser at the helm, Latham & Watkins LLP has built one of the most powerful ITC teams in the market. The practice is very well versed in taking over high-stakes complex cases from other firms, securing successful outcomes for clients who had previously struggled to obtain the desired result. Clients also benefit from the team's demonstrated strength in proceedings before US Customs and Border Protection, including proceedings under the new inter partes arrangements, introduced in 2017/2018. The ITC core team features Jamie Underwood and Kevin Wheeler, both, like Reiser himself, based in the Washington DC office. The San Francisco, Silicon Valley and Boston offices are other important hubs for the ITC practice.
Other key lawyers:
‘They are very professional and energetic.‘
‘Exceptional knowledge combined with pragmatic advice to achieve desired business outcomes.‘
‘Preeminent intellectual property litigators with superior ITC experience. Latham offers broad and deep litigation expertise and provides the responsiveness, business acumen, industry knowledge and zealous advocacy expected by a demanding and legally sophisticated client. Staffing is always fit-to-order: Latham is cost-conscious and staffing is appropriate to each matter, but Latham also has the right people available to staff up a matter whenever required. Latham’s lawyers are outstanding at every level, from senior partners to young associates. We place a great deal of value on Latham’s work, both from a legal and business perspective, and we feel that we get excellent value for our money.‘
‘Max Grant is at the top of his field – he is one of the best IP litigators in the United States. A former Navy Seal, Max is tough and tenacious. But he is also smart, savvy and practical. Max adeptly orchestrates all of the assets on the battlefield, but he is always focused on the big picture—winning the war. He has a winning style that is a formidable blend of fearsomeness and respect.‘
‘Bert Reiser: The pre-eminent International Trade Commission litigator in the country. He served as an attorney-advisor to an ITC ALJ and is thus exceptionally familiar with the ITC’s people and processes. Now a highly regarded ITC litigator whose has been in private practice for years, Bert is an expert in litigating Section 337 patent cases in the ITC. Bert handles nuanced and arcane ITC issues with ease, and his considered and pragmatic approach is especially effective in a highly specialized forum like the ITC. Bert is a superstar.‘
‘Julie Holloway: Smart, aggressive and talented, Julie is a top tier patent litigator. Superior technical abilities combined with skilled advocacy and cross-examination skills make Julie a must-have member of any patent litigation team.‘
‘A fiercely talented patent litigator, Ron Shuhlman cuts to the chase and focuses on what matters, which is effective for both judges and clients. Ron has terrific judgment, and he provides real advice: well-considered and decisive.‘
‘Kevin Wheeler is a unique talent.‘
‘Mr. Max Grant and Mr. Kevin Wheeler are very positive and own good trial skill and patent analysis. They were also the most talented trial lawyers in the courtroom.‘
Honda Motor Company No
LEDVANCE LLC, LEDVANCE GMBH, MLS LTD
Baker Botts L.L.P. has built a renowned ITC practice since the arrival of practice head Lisa Kattan, a former senior investigative attorney at the ITC, in the Washington DC office in 2016. Given the firm's strong federal court and appellate litigation team, the practice is particularly well placed to act in ITC investigations involving parallel district court or Federal Circuit proceedings and can draw on a large pool of experienced litigators to staff its ITC cases. The representation of Fujifilm against Sony in four separate ITC matters, including before Customs and Border Protection, helped the practice rise to prominence, with other significant cases involving electronics, DNA sequencing and telecoms patents.
Other key lawyers:
Robert Maier; Robert Scheinfeld
FUJIFILM Recording Media USA, Inc.
Oxford Nanopore Technologies.
Western Digital/ Sandisk
- Represented Japan-headquartered multinational Fujifilm Corporation in significant global litigation against competitor Sony Corporation relating to magnetic data storage tapes and cartridges, including five separate patent infringement investigations at the ITC.
- Represented UK-based Oxford Nanopore in a recently filed case by Pacific Biosciences at the ITC and companion cases filed in Delaware district court.
- Represented UK-based Oxford Nanopore in a case with Illumina at the ITC that involved the two leading biotech companies in the DNA sequencing space.
- Represented complainant Brother Industries in an ITC investigation against a group of respondents regarding certain toner cartridges and their components.
- Handled third party ITC subpoenas for Dell, Samsung and DISH.
DLA Piper LLP (US) is among the most active firms at the ITC and handles ITC cases with a deep bench of first chair trial lawyers with extensive experience in Section 337 investigations. The group is able to assist with matters requiring district court and appellate expertise in addition to ITC strength and is increasingly active for major players from a wide range of industries, including the technology, software, life sciences and automotive sectors. With a well-staffed Washington DC office and its wide geographical footprint, the firm offers proximity to domestic and international clients, including several major Japanese companies. The Silicon Valley-based Mark Fowler is the head of the ITC practice which also includes key contacts Matthew Satchwell and Paul Steadman, both in Chicago, Erin Gibson and Sean Cunningham, both based in the San Diego office. Patent and trade secret litigator Michael Jay joined the Century City office in January 2019 from Boies Schiller Flexner LLP.
Other key lawyers:
‘DLA Piper’s lawyers are not only knowledgeable in the legal profession, but in the technical aspects of our patents. In addition, they always give us easy to understand explanations and a detailed schedule of the litigation.‘
‘DLA Piper has a great ability to manage complicated cases.‘
‘The team is very strategic, reasonable in various situations in any patent dispute and litigation work. Strong negotiation skills and deep understanding of technology and also intellectual property law/procedure. Also, the team works very hard.‘
‘The team has a lot of experience in litigations in the automotive industry and in representing Japanese clients.‘
‘The team has experienced senior partners who represent us clients in a great way before the courts. Case management is also great. Communication with them is always great. They always organize the team in light of the nature of the case, forum, and other matters.‘
‘Many experienced attorneys.‘
‘Matthew Satchwell is very experienced in litigation areas and client-oriented. Paul Steadman is very experienced, too.‘
Toshiba Corporation, Toshiba Memory Corporation and certain Toshiba subsidiaries
Bayerische Motoren Werke AG; BMW of North America, LLC; BMW Manufacturing Co., LLC
Dell Technologies, Inc.
Techtronic Industries Co.Ltd.; Techtronic Industries North America, Inc.; One World Technologies, Inc.; OWT Industries, Inc.; ET Technology (Wuxi) Co., Ltd.
AMERICA, Inc. and ASMO Corp.
Samsung Electronics Co., Ltd. and Samsung Semiconductor, Inc.
The Home Depot, Inc.
ResMed Corporation, ResMed Inc. and ResMed Ltd.
- Represented ResMed in a global patent dispute, including the ITC, against one of its primary competitors Fisher & Paykel impacting CPAP masks.
- Representing Microsoft and Dell Technologies in the ITC with corresponding district litigation regarding the importations of touchscreen technologies, potentially affecting all touch-enabled mobile devices sold by Microsoft and Dell.
- Representing multiple parties, including Halstead New England, regarding certain luxury vinyl tiles in the International Trade Commission where complainants seek to exclude certain flooring technologies.
- Successfully represented Techtronic Industries, one of the largest home appliance brands in the world, in an ITC defense matter filed by The Chamberlain Group, winning a non-infringement finding.
- Represented Techtronic Industries in a successful five-patent multi-respondent ITC matter regarding popular gas powered tools and devices.
Foster, Murphy, Altman & Nickel PC
Foster, Murphy, Altman & Nickel PC, a highly experienced ITC litigation boutique in Washington DC, acts for complainants and respondents and stands out through its long and successful track record of ITC investigations. The team regularly joins forces with other law firms to provide the expertise required for specialised representation at the ITC, with experience covering the investigations themselves, but also appellate reviews and assistance with enforcement matters at US Customs and Border Protection. With its wide-ranging sector expertise, spanning electronics, semiconductors, consumer goods, life sciences, software and manufacturing as key sectors, the practice fields a varied caseload. The key partners are Barbara Murphy and James Altman as heads of the practice, David Nickel and counsel Susan Koegel.
Barbara Murphy; James Altman
Quinn Emanuel Urquhart & Sullivan, LLP
Quinn Emanuel Urquhart & Sullivan, LLP remains a go-to firm for ITC investigations regarding technology patents. Under the lead of practice head Alex Lasher in Washington DC, the group acts for complainants, respondents and third parties, and offers longstanding experience in highly international and complex disputes involving the ITC, federal courts in the US and litigation abroad.
Steptoe & Johnson LLP
Steptoe & Johnson LLP is known for its busy ITC caseload, having acted in over 20% of all Section 337 instituted investigations for respondents and complainants, including a number of matters that touched on novel legal issues. With a bench of almost twelve practitioners with scientific or technical degrees, the practice combines a deep understanding of technology with a proven ability to manage particularly large cases, often involving multiple respondents. Practice head John Caracappa is based in the Washington DC office. Fellow Washingtonian Matthew Bathon made partner in January 2020.
Other key lawyers:
Matthew Bathon; Boyd Cloern; Michael Allan; Timothy Bickham
Leedarson Lighting Co. Ltd.
Autel Robotics, USA
Ilooda Co. Ltd. and Jeisys Medical, Inc.
- Represented respondent Resideo Technologies against allegations of infringement of a patent related to Internet of Things (IoT) devices.
- Representing complainant Broadcom Corporation in asserting six patents related to infotainment systems and other related technologies found in automobiles, an investigation filed against a number of respondents, including automaker Toyota, tier one suppliers Panasonic, Denso Ten, and Pioneer, and chip suppliers JRC, Renesas, Socionext, and u-blox.
- Represented complainant Broadcom Corporation in asserting six patents related to the semiconductor devices found in many consumer audiovisual products, successfully negotiating settlement agreements with a number of the respondents, including several of the world’s largest semiconductor and consumer product manufacturers.
- Representing respondents Leedarson Lighting Co. Ltd. and Leedarson America, Inc. against allegations of infringement of a patent related to LED and Internet of Things (IoT) technologies.
- Represented complainant Autel Robotics USA seeking to stop the infringement of three of Autel’s patents by drones imported into the United States by DJI Technology Inc. and related entities.
At Winston & Strawn LLP, practice head Tom Jarvis, Steven Anzalone and Paul Goulet form a trio with longstanding ITC experience, indeed one of the teams with the longest ITC track records. The practice includes a large number of practitioners with a technical background and can draw on the firm's wider pool of patent litigators. Cases from the telecommunication, technology and retail sector are as much part of the caseload as matters coming from cable and satellite providers. All lawyers named are based in the Washington DC office.
Other key lawyers:
Steve Anzalone; Paul Goulet; Krishnan Padmanabhan; Michael Murray
‘The team has unparalleled expertise in the legal field, with different team members bringing different expertise and experience. From antitrust to litigation, the practice can cover most of our IP needs. Continuity within the firm is also a great strength.‘
‘Availability and custom support by team members is what I appreciate the most. All individuals I work with are accessible and understand my needs and pain points.‘
‘The team at Winston Strawn has a very strong knowledge of the underlying technologies that are so often at the heart of patent litigation, as well as a thorough mastery of the law itself. They also have the right combination of legal experience, litigation skills, and practical judgement that are critical to success in this field. They are particularly good at knowing which patent claims to highlight, how to explain the nature of the claims in relation to other developments in the field, and how to present the information in litigation to best effect.‘
‘An excellent team with experts in each aspect of ITC practice – importation, infringement, domestic industry; all of the team worked at one time at the ITC and have connections as well as expertise.‘
‘One of the individuals who is exceptionally strong is Tom Jarvis, who leads the group that litigates patent issues before the US International Trade Commission. This forum requires special understanding of the intersection between trade law, intellectual property law, and litigation, and Tom has terrific skills at all three. Moreover, he has the personality to be effective with the people who sit in judgment in these cases, something not always found in combination with the legal and intellectual tools that are needed in these cases. Along with the other members of the team at Winston Strawn, this set of skills and talents makes a very effective combination.’
- Represented longstanding client Comcast in an ITC investigation launched by Rovi against six set top box patents.
- Represented Walmart Inc. in an ITC case filed by Walbro, Inc. against carburetor manufacturers and their customers seeking a general exclusion order, successfully terminating the entire ITC investigation on a motion for summary determination of no domestic industry.
- Represented GoVision as defendant in an ITC matter and related district court litigation against Ultravision regarding patents covering modular LED display panels.
Akin Gump Strauss Hauer & Feld LLP is especially well versed in cases that require strength at the ITC and in federal courts and benefits from its appellate and PTAB practitioners to offer clients seamless representation in high-stakes litigation. The group includes a strong bench of litigators with a technical or scientific background and successfully attracts a number of Fortune 500 companies as clients, including players from the technology, manufacturing and electronics sectors. Additionally, the firm keeps a finger on the pulse of technological progress through its emerging technologies initiatives which cover AI, autonomous vehicles and smart cities, among others. Steve Maslowski in Philadelphia leads the IP practice, while Cono Carrano in Washington DC shares the lead of the ITC team. Andrew Holtman and Brandon Rash joined the Washington DC team from Finnegan, Henderson, Farabow, Garrett & Dunner LLP in October 2019, strengthening the firm's ITC, federal court and PTAB offering. Other key offices are in Irvine and San Antonio.
Other key lawyers:
Kevin McBride; David Vondle
Johnson & Johnson
- Represented respondent Vizio in an investigation filed by Broadcom regarding five patents, including patents covering video decoding and processing, obtaining a complete win for the client.
- Represented 3M Company and 3M Innovative Properties Company in an ITC investigation filed against Amphenol Corporation and several related entities directed to high-performance, shielded ribbon cables, securing a favorable settlement for the clients.
- Represented Vizio as a respondent in an ITC investigation filed by Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC regarding two patents relating to graphic processing and shading technology, ultimately negotiating a favorable settlement for the client.
Launched in 2018, Levi & Snotherly PLLC unites the strengths of founding partners Rett Snotherly and Benjamin Levi who between them have over 15 years' experience as senior investigative staff attorneys at the ITC. Additionally, Snotherly brings five years of in-house experience as the senior patent counsel at a large international electronics company to the table, while Levi adds over fifteen years of private practice in litigation, specifically ITC litigation, to the firm's treasure trove. Medical device, electronics and technology matters account for a significant portion of the caseload. In spite of its comparatively young age, the Washington DC-based ITC boutique has already established itself as one of the best-performing firms in ITC matters.
Rett Snotherly; Benjamin Levi
United Plastic Molders, Inc.
Genuine Parts Co.
Eclipse MedCorp, LLC
EndyMed Medical Ltd.
- Represented complainant United Plastic Molders, Inc. in an ITC investigation regarding the client’s trademarks and patents on Fish Grip products.
- Represented respondent EndyMed, Ltd. in an ITC investigation regarding patents covering a successful medical device.
- Defended Estar Technologies in an ITC investigation filed by RegenLab.
- Represented respondent Genuine Parts Co. in an ITC investigation filed against several patents protecting standing work desks.
- Successfully defended Wal-Mart against an ITC investigation filed regarding patents covering carburetor products.
At McDermott Will & Emery LLP, the Washington DC-based Jay Reiziss is the key contact for ITC litigation. With Reiziss' experience as a former ITC practitioner in the Office of the General Counsel, the office of a former chairman and the Office of Unfair Import Investigations, the firm offers extensive in-house ITC experience. The team is also adept at assisting with Customs and Border Protection matters to complement its ITC investigation practice. As part of the firms wider-ranging IP litigation bench, led by Nicole Jantzi from the Washington DC office, the practice offers a one-stop shop for clients seeking seamless representation in disputes involving an ITC component and federal court litigation. Telecommunication-related matters are an area of particular strength.
Nicole Jantzi; Jay Reiziss
Orrick, Herrington & Sutcliffe LLP fields a busy ITC caseload, often acting as sole ITC counsel for clients, and made headlines in February 2019 with the addition of a five-partner trademark, copyright and trade secret team from Fish & Richardson P.C. in its Boston and New York offices to broaden its IP ITC offering. The group's track record reveals a versatile team active in a wide spread of sectors, including the pharmaceutical, electronics, automotive and technology sectors. Practice heads Sten Jensen and Jared Bobrow, in Washington DC and Silicon Valley respectively, Silicon Valley's Bas de Blank and Jordan Coyle, based in Washington DC, are key practitioners.
Sten Jensen; Jared Bobrow
‘Orrick is extremely versed in ITC Section 337 investigations. Their understanding of case precedent and procedure is very valuable, especially considering the quick pace associated with these investigations. Their filings are always well researched and thoughtfully prepared.‘
‘This group has a very unique skill set relating to ITC matters. They know their way around all issues relating to the ITC, which is comforting as most firms do not have the capacity or personnel to handle the intricacy and speed by which such matters progress. The team works cohesively and quickly.’
‘Jordan Coyle is extremely well-versed in ITC Section 337 case precedent. His understanding of Commission opinions is invaluable when strategizing options. Mr. Coyle consistently exhibits a calm demeanor at trial.‘
Royal DSM NV, DSM Marine Lipids Peru S.A.C., DSM Nutritional Products LLC, and DSM Nutritional Products Canada, Inc.
Advanced Technology & Materials, AT&M International Trading Co., Ltd., CISRI International Trading Co., Ltd., and Beijing ZLJG Amorphous Technology Co., Ltd. (collectively, ‘AT&M’)
Robert Bosch GmbH, Robert Bosch LLC, Bosch Automotive Products (Suzhou) Co., Ltd., Robert Bosch, Sistemas Automatrices, S.A. de C.V., Robert Bosch Ltda.
Hon Hai Precision Industry Co., Ltd., and Foxconn Interconnect Technology, Ltd.
FUJIFILM Corporation, FUJIFILM Medical Systems USA, Inc., and FUJIFILM Techno Products Co., Ltd.
New Balance Athletics
Mahindra & Mahindra Ltd. & Mahindra Automotive North America, Inc.
Vivo Mobile Communication Co., Ltd
Sansi North America, LLC; Shanghai Sansi Electronic Engineering Co., Ltd.
CreateLED Electronics Co. Ltd.; CreateLED USA LLC; Yaham
Yaham Optoelectronics Co., Ltd.; and Yaham LED U.S.A., Inc.
- Represented Bosch and Foxconn in an ITC Investigation brought by J.S.T. Corporation and in a parallel district court action regarding patents covering an electrical connector used among others in a wide range of General Motors cars, a dispute that whose outcome could have disrupted General Motors’ ability to manufacture vehicles in the United States.
- Obtained a complete victory in a patent infringement action at the ITC for clients Shanghai Sansi Electronic Engineering, CreateLED Electronics and Yaham Optoelectronics following the termination of a Section 337 investigation launched by Ultravision Technologies against modular LED panels.
- Represented Vivo in an ITC investigation regarding patents covering the system-on-chip that controls the smartphone, achieving a successful settlement for the client that kept the option for the client to grow in the US.
- Represented defendant Fujifilm Corporation in an ITC investigation filed by Hologic regarding patents covering mammography machines, bringing the investigation and the related district court cases to a successful end for the client.
- Successfully represented Pharmavite and Royal DSM in a dispute before the ITC and Federal Circuit regarding dietary supplements, involving an intervention by the US Department of Justice and complex legal questions at the intersection of the Tariff Act, the Food, Drug, and Cosmetic Act, and the Lanham Act.
Paul Hastings LLP is particularly adept at disputes requiring ITC and federal court expertise. The group acts for respondents and complainants, regularly taking on high-stakes competitor matters in a broad range of sectors, including the medical device and technology sectors. Led by the Palo Alto-based Yar Chaikovsky and the New York-based Bruce Wexler as the joint global chairs of IP, the team also includes key ITC practitioners Blair Jacobs and Christina Ondrick in Washington DC as well as Philip Ou, based in Palo Alto and partner since February 2019. In addition to the firm's bi-coastal presence in the US, the firm also offers an international footprint, with the Tokyo office being of particular strategic importance for matters involving Japanese clients.
Yar Chaikovsky; Bruce Wexler; Eric Dittmann; Naveen Modi