Cadwalader’s International Trade Commission (ITC) trial team has unparalleled experience in this important venue. Cadwalader attorneys have litigated over 20 Section 337 investigations over the past two decades. A number of our attorneys also served as law clerks at the U.S. Court of Appeals for the Federal Circuit, the appellate court that has exclusive jurisdiction over appeals of ITC Section 337 actions.
As a result, our attorneys possess a specialized combination of deep knowledge of the ITC Section 337 of the Tariff Act of 1930, the judges that preside over ITC cases, and recent developments in patent law that enables our team to achieve outstanding results for Cadwalader clients. In addition to being skilled trial lawyers, our ITC professionals have diverse advanced scientific and technical backgrounds and professional experience with a wide variety of technologies including electrical, chemical, biochemical, petrochemical, pharmaceutical, computer science, telecommunications and mechanical.
The International Trade Commission has become an important legal venue for disputes involving patent infringement for companies seeking quick resolution and an injunctive form of relief. In this fast-paced litigation environment, cases (known as investigations), are typically compacted into a 15-18 month window and focus on the protection of intellectual property rights with the added complexities of importation and domestic industries (see Cadwalader’s Section 337 Investigation Lifecycle graphic for further information). ITC remedies include the prospect of an exclusion order barring the importation of infringing products into the U.S. market and cease and desist orders precluding the domestic sale and distribution of products already imported into the U.S. (see Cadwalader’s brief ITC Primer for additional information on ITC investigations).