Companies that import goods into or sell imported goods in the United States face the risk of being named as respondents in a section 337 proceeding before the United States International Trade Commission (ITC). Similarly, companies facing patent infringement by those who import goods into or sell imported goods in the United States can obtain a type of relief from the ITC that cannot be obtained anywhere else, both in terms of the actual remedy granted and the speed of relief.
Fish & Richardson tops the list of ITC firms. IP Law & Business has published two ITC surveys in recent years. In 2005 Fish was listed as the most active firm for ITC litigation; in 2003 the firm was tied for first place. We have extensive experience in the wide range of proceedings conducted by the ITC, including section 337 proceedings, "dumping" investigations, and Title VII investigations. Because ITC cases are complicated cases with high stakes, parties involved in ITC cases require lawyers who are both skilled in patent law and knowledgeable about the unique rules and procedures followed in ITC cases. Our ITC lawyers are patent litigators who have significant experience and one of the best firm track records in ITC disputes.
To view a copy of Jeff Whieldon's presentation, "When and Why You Should Consider Using the ITC as a Forum for Patent Infringement" click here.
A representative sample of our experience in cases before the ITC includes:
Liquid Crystal Display Modules, Products Containing Same, and Methods For Using the Same (2008)
Representing respondent Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; Samsung Semiconductor, Inc.
Certain Liquid Crystal Display Devices and Products Containing Same (2007)
Representing complainant Samsung Electronics Co., Ltd.
Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (III) (2007)
Representing respondent Ramaxel Technology Ltd.
Computer Products, Computer Component and Products Containing Same (2007)
Representing respondent ASUSTek Computer, Inc.; ASUS Computer International.
Certain Noise Cancelling Headphones (2007)
Representing complainant Bose corporation.
Certain Probe Card Assemblies, components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (2007)
Representing respondent Micronics Japan Co., Ltd.; MJC Electronics Corp.
Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same (2007)
Representing respondent Kingston Technology Company, Inc.
Certain Nitrile Gloves (2007)
Representing respondent Cypress Medical Products LLC.
Certain Semiconductor Devices, DMA Systems, and Products Containing Same (2007)
Represented complainant Samsung Electronics against Renesas Technology in a patent case relating to semiconductors and DMA systems.
Certain Sucralose, Sweetners Containing Sucralose, and Related Intermediate Compounds Thereof (2007)
Prosecuting patent infringement case on behalf of 3M Company involving lithium-ion battery cathode technology.
Certain Rechargeable Lithium-Ion Batteries, Components Thereof, and Products Containing Same (2007)
Prosecuting patent infringement case on behalf of 3M Company involving lithium-ion battery cathode technology. Case pending.
Certain Unified Communications Systems, Products Used With Such Systems, And Components Thereof (2007)
Represented Complainant Microsoft against Respondent Alcatel-Lucent in patent infringement and importation case related to computer telephony
and unified messaging.
Certain Dynamic Random Access Memory Devices and Products Containing Same (2007)
Defended Samsung Electronics against patent infringement claims brought by Renesas Technology Corp. accusing Samsung’s DRAM products.
Certain NAND Flash Memory Devices and Components Thereof (2007)
Represented respondent Hynix Semiconductor, Inc., case settled.
Certain Display Controllers and Products Containing Same (2006)
Represented complainant Genesis Microchip in a patent case relating to display controller chips. Case won after full hearing on the merits,
exclusion order issued barring all accused products from entry into the United States.
Certain Power Supply Controllers and Products Thereof (2006)
Represented complainant Power Integrations.
Certain Baseband Processor Chips & Chipsets (2006)
Representing LG as an intervenor in a case brought by Broadcom against Qualcomm seeking exclusion of LG's mobile telephone handsets.
Certain Flash Memory Devices and Components Thereof (2006)
Represented respondent Hynix Semiconductor.
Certain Foam Footwear (2006)
Represented respondent footwear manufacturer in patent-based unfair importation action brought by Crocs, Inc.; dismissal granted.
Certain Peripheral Devices (2006)
Represented complainant Microsoft.
Certain Inkjet Ink Supplies (2006)
Representing complainant Hewlett-Packard in case relating to inkjet technology.
Certain Power Supply Controllers and Products containing same (2005)
Successfully represented Power Integrations, Inc. in an investigation
concerning infringement of Power Integrations, Inc. patents by products of Respondent, System General Corporation of Taiwan. The ITC found
infringement and entered an order excluding the accused products and certain downstream products incorporating them from the U.S. Successfully
represented Power Integrations on appeal and secured a summary affirmance of the ITC decision.
Certain Flash Memory Devices and Components Thereof, and Products Containing Such Devices and Components (2005)
Defended respondent Hynix Semiconductor against patent infringement claims brought by Toshiba Corp. accusing Hynix’ Flash memory business.
Hynix prevailed against all claims after full hearing on the merits. The ALJ's decision was affirmed by the full Commission.
Certain Network Controllers and Products Containing Same (2005)
Represented Marvell Semiconductor in a patent infringement action heard before the U.S. International Trade Commission relating to Ethernet
network controllers. Resolved successfully.
Certain Point of Sale Terminals and Components Thereof (2004)
Represented Ingenico in patent infringement case.
Certain Optical Disk Controller Chips and Chipsets and Products Containing Same, Including DVD Players and PC Optical Storage Devices II (2004)
Prosecuted patent infringement claims on behalf of MediaTeck, inc. against Zoran Corp. and other parties.
Certain Disc Drivers, Components Thereof, and Products Containing Same (2004)
Represented complainant Seagate Technology.
Certain Light-Emitting Diodes and Products Containing Same (2004)
Prosecuted patent infringement claims on behalf of OSRAM GmbH against Dominant Semiconductors Sdn Bhd in the International Trade Commission.
Case involved patents covering next generation white light semiconductor LEDs. Trial on ten patents completed in December 2004, with Dominant
conceding infringement of certain accused products. Currently awaiting decision from Administrative Law Judge.
Certain Signature Capture Transaction Devices and Component Parts Thereof, and Systems that Employ Such Devices (2004)
Defended patent infringement action on behalf of Ingenico against NCR Corp. electronic signature capture technology. Obtained successful settlement.
Certain Digital Display Controllers and Products Containing Same (2003)
Prosecuted patent infringement case on behalf of Genesis Microchip against MStar Electronics and other parties involving digital scaling and
multiple display format controller chips. Case won after full hearing on the merits, exclusion order issued barring all accused products from
entry into the United States.
Certain Display Contoller with Upscaling Functionality and Products Containing the Same (2003)
Represented Genesis Microchip.
Certain Radios and Components Thereof (2002)
Represented Bose Corporation prosecuting a patent infringement case on the Bose Wave® Radio. Case ended with entry of a settlement barring further sales of the accused devices.
Certain Recordable Compact Discs and Rewritable Compact Discs (2003)
Successfully defended multiple respondents against U.S. Philips Corp.; following full evidentiary hearing, six asserted Philips patents held
unenforceable for patent misuse.
Certain Video Game Systems, Accessories and Components Thereof (2002)
Successfully prosecuted patent infringement action on behalf of Microsoft relating to the X-Box video game system. Exclusion order issued in November, 2002.
Certain Semiconductor Timing Signal Generator Devices, Components Thereof, and Products Containing Same (2002)
Represented Cypress Semiconductor in asserting a patent against Integrated Circuit Systems, and defend Cypress against two patents asserte d by ICS in the ITC. The patents relate to timing products of various kinds (clock generators with power-down functionality and dual-function pins, and programmable clocks). Forced ICS to drop a patent in response to a summary determination motion, and obtained a very favorable settlement forcing ICS to stop importing and selling certain programmable clock chips into the US.
|
 |
Litigation in the ITC