ITC 337 Proceedings

Unfair competition claims at the U.S. International Trade Commission (ITC) provide powerful relief and use specialized procedures to address cross-border trade issues. Goodwin is poised to help as these cases continue to grow in number and popularity.

Section 337 of the Tariff Act of 1930 gives the ITC broad authority to prohibit the importation and enjoin the domestic sale of imported products and components. Obtaining such comprehensive relief can provide a massive competitive edge; or, it can be fatal for a losing respondent. With so much at stake, the ITC is home to some of the highest profile business litigations in the world.

Supported by industry-leading technology, life sciences, and trade secret practices, Goodwin is equipped with one of the most experienced 337 litigation teams in the country. We have litigated over 100 Section 337 cases and have litigators with more than 30 years of experience practicing before the Commission. Our sheer breadth of experience gives us unmatched capabilities in managing the high-stakes, navigating the unique procedures, and handling the aggressive deadlines. Moreover, we are armed for trial in any given case with a team that includes multiple first-chair litigators, some of whom have participated in over 50 trials before the Administrative Law Judges (ALJs). Considering approximately 50% of cases typically go to trial within eight to ten months of complaint filing, having counsel with extensive trial experience is crucial.

Goodwin also has a deep bench. Our team of nearly 50 lawyers stay up-to-speed on every ITC rule, metric, order, and opinion that is issued by the ALJs, the Commissioners, or the Federal Circuit. At any given moment, we are prepared to staff a case, no matter how complicated, with credentialed first-chair professionals, relevant legal specialists, and befitting business sector/technology experts who are fluent in ITC practice.

Although we derive great pride from trial victories, our team works to achieve positive business outcomes before resorting to trial. Goodwin has extensive experience in issues arising post-issuance of relief, both before the Commission itself and U.S. Customs and Border Protection, which enforces the ITC’s exclusion orders. This gives us the unique ability to provide business advice on how a requested remedy will affect a business even before the remedy may issue. It also positions our team to quickly step in if a client gets an adverse ruling in an investigation where we were not counsel. Goodwin is accustomed to the ITC’s pace and assures that all litigation decisions are made with client input while providing consistent, strategic advice throughout the life of the matter(s). Complementing the firm’s legal excellence, we act first as business partners over litigators to help clients navigate the world of ITC litigation and advise on the potential business ramifications and outcomes in determining how to best proceed in an unfair competitions claim.