Increasingly a Forum of Choice in Multi-National IP Disputes
It is a fact of life today that high stakes, international IP disputes almost invariably include one or more so-called Section 337 investigations at the ITC. Sophisticated companies have realized that the ITC’s accelerated time to hearing and resolution and potentially far-reaching remedies provide an effective alternative or supplement to U.S. District Court proceedings. The result is that growing numbers of domestic and foreign companies now choose to litigate their disputes at the ITC in unprecedented numbers.
Quinn Emanuel is one of a relatively small number of law firms that has a dedicated ITC team, led by nationally-ranked ITC specialists Paul Brinkman and Alex Lasher. The team was named as Managing IP’s “ITC Firm of the Year” in two consecutive years.
ITC proceedings are often just one front in large intellectual property disputes that involve related actions in many different jurisdictions. A huge advantage that our ITC team has over others is that it is supported by Quinn Emanuel’s 250+ IP litigators in the U.S., EU and Asia. Quinn Emanuel is the leading firm for “bet the company” litigations at the ITC. It can take on any intellectual property dispute no matter the size or the level of technical complexity.
Knowledge Is Power
Nowhere does this statement ring truer than at the ITC. While the ITC adjudicates IP disputes involving patents, trademarks, copyrights and trade secrets much like a district court, Section 337 investigations require more than a command of IP law. Successfully litigating at the ITC also requires an understanding of the ITC’s unique procedural rules, body of law, evidentiary hearings, administrative law judges, and its interaction with other agencies such as U.S. Customs. It also requires knowledge of the unwritten ways of getting business done. It is not a place for amateurs or part time practitioners.
No ITC team has more knowledge and experience in navigating the unique and complex procedural and technical issues that arise in Section 337 litigation. Quinn Emanuel has successfully represented complainants, respondents and third parties in all aspects of Section 337 investigations, including initiating counter-investigations or actions in other venues, working with engineers to develop design-arounds, formulating public interest and FRAND arguments, coordinating with U.S. Customs, and enforcing exclusion orders.
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