Sterne Kessler Goldstein Fox

Choosing a law firm to defend your business in an investigation before the United States International Trade Commission (ITC) is critical.  You can not afford to make a mistake in choosing the right intellectual property firm to protect your business in a fast-paced, high stakes, legally and technically complex ITC investigation.  Read on to find out why companies choose SKGF to work with them on ITC matters.

Your intellectual property is the lifeblood of your business.

Consider this scenario - you are doing business in the United States and have a patent, formula or design that provides you with a unique competitive advantage.  But with the expansive growth in emerging markets, the blurring of international trade barriers and the explosion of digital communications, you are seeing intellectual property infringement by overseas competitors and your market share dwindle.  What can you do?

More and more, companies faced with this type of scenario turn to the ITC.  The ITC is a forum for resolving intellectual property disputes involving unfair competition in the import trade—including allegations of patent or trademark infringement, misappropriation of trade secrets and violations of antitrust laws.
 
The ITC is a unique legal forum demanding special legal insights.

The ITC conducts its investigation pursuant to 19 U.S.C. §1337 (commonly referred to as Section 337). These administrative due process proceedings take, on average, between 15 to 18 months, and allow all parties to engage in full discovery. A hearing on the merits usually occurs within 7 to 9 months after an investigation is instituted.  If the ITC determines Section 337 has been violated, the remedies available include an ITC order to the U.S. Customs and Border Enforcement to exclude the infringing articles from entry into the U.S., and cease and desist orders that require the violating party to stop selling any infringing articles already imported into the U.S.

The pace is fast.  The stakes are high.

Section 337 investigations are complex - requiring a unique blend of litigation, administrative law, patent laws and technical skills - and proceed at a very fast pace. Any adverse outcome can have serious and immediate consequences for commercial manufacturers, importers and retailers of accused products.  Because of the fast track nature of the proceedings, the complex issues involved in the accused technology, and the need to follow precise rules established by the ITC, there is little, if any, room for error. That is why you need a legal partner with the specialized experience and insight required to handle the unique rigors and requirements of such an investigation - a partner like Sterne, Kessler, Goldstein & Fox.

Why SKGF?

• Our team of specialists understands the ITC's investigation process—and its unique rules and procedures. We have successfully represented both complainants and respondents in more than a dozen Section 337 matters involving well-known international companies.
• Our firm’s high level of technical expertise is consistently recognized as among the best in the field of intellectual property law.  Most SKGF professionals hold an advanced level degree, including 50+ PhDs in science and engineering and many more have significant industry experience.
• These credentials are especially valuable in Section 337 investigations, which involve detailed technical analysis of products of an electrical, mechanical or chemical nature—everything from semiconductors to cell phones to pesticides.  We come up to speed on the technology at issue very quickly.
• By virtue of our experience, we have developed an understanding of the unique ITC processes and tactical considerations from both a complainant and respondent perspective as to what it takes to win 337 investigations.  This experience gives us added credibility before the ITC that makes a critical difference in the process.
• SKGF's Washington, D.C. location—in close proximity to the ITC—makes for greater cost and logistic efficiencies, which are especially critical in this kind of “fast track” litigation. It also puts us “closer to the action,” allowing us to stay current on what’s going on at the ITC and build on our base of knowledge.
• Our team includes individuals that speak over twenty different languages, including many key Asian languages spoken by parties often before the ITC.
  
  Our track record in ITC investigations gives you the benefit of knowledge, insight and cost efficiencies.
  
  There are only a few law firms in the country that are qualified to represent you in Section 337 investigations. Even fewer have the technical know-how, the depth of knowledge in patent law, and the commitment to service you receive from SKGF.