Companies are increasingly turning to the International Trade Commission (ITC) to assert intellectual property rights to prevent importation of goods, especially due to recent case law developments that made it more difficult to obtain preliminary injunctive relief in U.S. District Court for intellectual property infringement. 

Successful 337 actions require a team with combined experience in intellectual property litigation, international trade and federal government relations. Porter Wright offers such a team.

Under 19 U.S.C. Section 337, the ITC has jurisdiction to investigate and remedy unfair trade practices by barring and/or destroying imported goods associated with such unfair practices. These unfair trade practices include copyright infringement, trademark infringement (including gray market goods), design and utility patent infringement, and misappropriation of trade secrets. Unfair trade practices also include antitrust and false advertising claims, and potential complainants have been considering complaints based on supply chain issues such as forced labor.

Intellectual Property Litigation – Members of our team lead litigation and trials across the full range of intellectual property in a variety of industries, including chemical, computer, electrical and mechanical.

International Trade Compliance – Members of our team have been immersed in resolving import and supply chain issues throughout their careers. That experience includes working with clients through the fast pace and complexities of Section 337 actions and representing companies in emerging import issues and new trade regulations.

Government Relations – Our bipartisan federal government relations team includes a former senior DHS officer with experience in customs enforcement, investigations and cross border compliance. We offer clients decades of experience of senior officials in all three branches of U.S government, from White House advisors and international diplomats to federal judicial clerks and Congressional staffers.