Section 337 & International IP Enforcement

In today's global economy, strategies that successfully leverage and defend valuable intellectual property rights are not confined by national borders. Heller Ehrman's IP litigation practice professionals are at the forefront of this complex field, and offer comprehensive business solutions through integrated international IP counseling, litigation, and enforcement.

Our Capabilities

Section 337 Investigations

U.S. law allows an intellectual property owner to seek remedies before the U.S. International Trade Commission ("ITC") for unfair practices related to imports into the United States. This includes imports that infringe U.S. patents, trademarks and copyrights. The proceedings are expedited: The ITC issues a final decision and remedial order within 12-18 months from filing. The remedy is powerful: An exclusion order enforced by U.S. Customs and Border Protection ("Customs") barring importation of all infringing products. The remedy is available to any company – whether based in the United States or abroad – that owns a U.S. intellectual property right and exploits that right within the United States. A more extensive overview of the proceeding can be found in our Guide to Section 337 Investigations.

Heller Ehrman's attorneys have appeared in over 65 Section 337 cases spanning more than 20 years, including some of the largest and most high-profile matters to have come before the ITC. This cumulative experience is critical in the setting of fast paced litigation – where discovery lasts only a few months and the case is brought to trial in 8-10 months, there is little room for "learning on the job." In addition to our track record of successfully litigating original investigations before the ITC, our attorneys routinely remain involved after an order issues, and have significant experience in working with Customs and the ITC to successfully implement and enforce both limited and general exclusion orders. Knowledge of the nuances of real-world enforcement translates directly into increased efficiency in preparation and case management, more effective results-focused litigation strategy, and better business outcomes at the border after an exclusion order issues.

Drawing on the strengths of a dedicated and knowledgeable team of Section 337 attorneys in Heller Ehrman's Washington, D.C. office, highly regarded IP litigators and attorneys with technical backgrounds throughout the firm, and local presence in key foreign countries such as China, Heller Ehrman has the capacity to assemble Section 337 case teams to handle the largest and most complex matters.

Representative Engagements: Section 337 Investigations

• 3M (Complainant): Certain Gel-Filled Wrist Rests and Products Containing Same, USITC Inv. No. 337-TA-456.
• Altera Corporation (Complainant): Certain Programmable Logic Devices and Products Containing Same, USITC Inv. No. 337-TA-453.
• Atmel Corporation (Complainant): Certain Erasable Programmable Read Only Memories and Products Containing Same, USITC Inv. No. 337-TA-395.
• Crews, Inc. (Respondent): Certain Safety Eyewear and Components Thereof, USITC Inv. No. 337-TA-433.
• Eaton Corp. (Complainant): Certain Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof, USITC Inv. No. 337-TA-503.
• Fortinet, Inc. (Respondent): Certain System for Detecting and Removing Viruses or Worms, Components Thereof and Products Containing the Same, USITC Inv. No. 337-TA-510.
• Genentech, Inc. (Complainant): Certain Recombinantly Produced Human Growth Hormone, USITC Inv. No. 337-TA-358.
• Meretek Diagnostics, Inc., and Medquest PTY, Ltd (Complainants): Certain Breath Test Systems for the Detection of Gastrointestinal Disorders and Components Thereof, USITC Inv. No. 337-TA-495.
• NEC (Respondent): Certain Dynamic Random Access Memories, Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-242.
• New Holland North America, Inc (Complainant): Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers and Components Thereof, USITC Inv. No. 337-TA-486.
• Nidek (Respondent): Certain Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419.
• Nokia (Respondent): Certain Cellular Radiotelephones and Subassemblies and Component Parts Thereof, USITC Inv. No. 337-TA-297.
• Old Dominion Footwear, Inc. (Respondent): Certain Foam Footwear, USITC Inv. No. 337-TA-567.
• PhotoWorks,Inc. (Respondent): Certain Lens-Fitted Film Packages, USITC Inv. No. 337-TA-406.
• Tilia Inc. (Complainant): Certain Vacuum Packaging Machines, USITC Inv. No. 337-TA-496.