ITC Section 337 Practice

Confronting a Section 337 investigation at the United States International Trade Commission (ITC) can be daunting, even for companies already familiar with the forum. That is why companies that are faced with an ITC complaint, as well as those looking to utilize the ITC’s investigative powers, need experienced counsel. The lawyers in Jenner & Block’s ITC Practice have that critical experience and have been highly rated by virtually every relevant legal ranking organization. We have a proven track record of success navigating the challenges of Section 337 investigations, having litigated more than 100 Section 337 cases. In other words, our lawyers’ experience practicing before the ITC is unmatched. 

For decades, Jenner & Block’s ITC team has represented companies in Section 337 investigations involving their most significant disputes. Whether the investigation is based on patents, trademarks, copyrights, trade secrets, false advertising claims, antitrust claims, or other asserted unfair acts, Jenner & Block’s ITC lawyers can guide clients through the ITC’s unique procedures, aggressive deadlines, and powerful remedies. 

We have extensive knowledge of the administrative law judge’s individual rules, practices, and tendencies as well as a working relationship with the lawyers at the Office of Unfair Import Investigations (the Staff). Our breadth of experience gives Jenner & Block the unique ability to manage these high-stakes investigations effectively and guide our clients through the ITC’s unique procedures and aggressive deadlines. And, because cases at the ITC tend to go to trial more than Federal District Court matters, it is critical to have seasoned trial counsel. Our team includes multiple first-chair litigators who have gone to trial in more than 50 cases at the ITC.

In addition to our extensive experience litigating Section 337 actions, Jenner & Block lawyers also have handled numerous post-investigation matters including enforcement actions and proceedings before US Customs and Border Protection. Finally, if the final Commission Opinion is appealed, clients can depend on Jenner & Block’s Chamber’s rated Appellate Practice, which is consistently recognized by the National Law Journal in their “Appellate Hot List,” to see the investigation through to the very end. From pre-suit investigation, through trial, enforcement, and appeal, clients rely on Jenner & Block’s ITC experience to successfully handle these high-stakes matters.