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Cadwalader attorneys have vast experience in handling International Trade Commission (ITC) Section 337 litigation for complainants, respondents, intervenors, subpoena recipients, and companies potentially impacted by ITC exclusion orders. Our attorneys, who have conducted numerous trials with eight different ITC Administrative Law Judges during the last 25 years, have unparalleled experience with all phases of ITC cases. This extends to pre-filing investigations, violation proceedings, temporary relief proceedings (a/k/a "TEO" proceedings), Presidential review proceedings, enforcement proceedings before the ITC and Customs and Border Protection of the U.S. Department of Homeland Security, and appeals before the U.S. Court of Appeals for the Federal Circuit. We are also familiar with ITC institutional procedure and the non-patent, international trade issues involved in ITC cases.
Prior to joining the firm, Special Counsel Kent Stevens was a former attorney-advisor in the ITC Office of Administrative Law Judges and a Senior Investigative Attorney in the ITC Office of Unfair Import Investigation. Additionally, Special Counsel Kim Choate served two years as a law clerk to past ITC Chief Administrative Law Judge Paul Luckern, gaining valuable experience and insight relating to Section 337 litigation. This knowledge and understanding of the ITC enables our team to provide clients with informed advice on the substantive issues of the applicable statutes and regulations related to all aspects of Section 337 litigation.
Not only skilled trial lawyers, our ITC professionals, resident in Washington, D.C. and New York, have diverse advanced scientific and technical educational backgrounds and professional experience with a wide variety of technologies including, chemical, biochemical, petrochemical, pharmaceutical, computer science, electrical, telecommunications, and mechanical. They also have first-hand experience with patent prosecution histories by virtue of hundreds of patent prosecutions before the PTO.
In addition to our active role in ITC matters, we are committed and long-standing participants in the ITC Trial Lawyers Association, the American Intellectual Property Law Association (AIPLA), and related bar organizations. This includes committee memberships involved with proposed rulemaking, Section 337 legislation, conferences, and ITC annual meetings. Partner Tony Pezzano and Kent Stevens have both served as former Presidents of the ITC Trial Lawyers Association. Additionally, Kim Choate is currently the Vice Chair of AIPLA's ITC Committee.
Representative matters include:
- Inv. No. 337-TA-640 (2008-2009), Represented Sony Ericsson, Inc., In the Matter of Short-Wavelength Light Emitting Diodes, Laser Diodes, and Products Containing Same.
- Inv. No. 337-TA-633 (2008), Represented Complainant Celanese International Corp., In the Matter of Certain Acetic Acid.
- Inv. No. 337-TA-628 (2008), Represented Complainant IBM Inc., In the Matter of Certain Computer Products, Computer Components, and Products Containing Same.
- Inv. No. 337-TA-599 (2007), Represented Respondent Control4, In the Matter of Certain Lighting Control Devices Including Dimmer Switches And/Or Switches And Parts Thereof.
- Inv. No. 337-TA-568 (2006), Represented Respondent Roche Holding Ltd., F. Hoffmann-La Roche Ltd., Roche Diagnostics GmbH, and Hoffinan-LaRoche Inc., In the Matter of Certain Products and Pharmaceutical Compositions Containing Recombinant Human Erythropoietin.
- Inv. No. 337-TA-541 (2005-2006), Represented Power Integrations, Inc., In re Certain Power Supply Controllers and Products Containing Same.
- Inv. No. 337-TA-512 (2005), Represented OSRAM GmbH and OSRAM Opto Semiconductors GmbH, In the Matter of Certain Light-Emitting Diodes and Products Containing Same.
- Inv. No. 337-TA-507 (2004), Represented Kyphon. Inc., In the Matter of Certain Medical Devices Used to Compact Inner Bone Tissue and Products Containing Same.
- Inv. No. 337-TA-496 (2003-2004), Represented Respondent Applica, Inc., In the Matter of Certain Home Vacuum Packaging Machines and Products Containing Same.
- Inv. No. 337-TA-493 (2003-2004), Represented Respondent PT International Industrial Co. Ltd., In the Matter of Certain Zero-Mercury-Added Alkaline Batteries, Parts Thereof and Products Containing Same.
- Inv. No. 337-TA-491 (2003-2004), Represented Genesis Microchip, Inc., In the Matter of Certain Display Controllers and Products Containing Same.
- Inv. No. 337-TA-454 (2000), Represented Gemstar-TV Guide International, Inc., In the Matter of Certain Set-Top Boxes and Products Containing Same.
- Inv. No. 337-TA-452 (2002), Represented Respondent Bombardier Inc., In the Matter of Certain Personal Watercraft and Components Thereof.
- Inv. No. 337-TA-451 (2001), Represented Photobit Corporation and the California Institute of Technology, In the Matter of Certain CMOS Active Pixel Image Sensors and Products Containing Same.
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