Q&A with Michael McKeon: ITC's Powerful Patent Remedies

Fish trial and litigation attorney Michael McKeon was interviewed by Metropolitan Corporate Counsel in the January 2017, article "ITC's Powerful Patent Remedies." In the interview, McKeon discusses the ITC's evolution into a key venue for patent disputes. Click here to read the full article.

"MCC: You have handled over 40 patent cases before the International Trade Commission (ITC), which is a staggering number. Tell us about your practice and what is unique about trying patent cases at the ITC?

McKeon: It helps to understand the history of the ITC and Section 337. It's based on the Smoot-Hawley Tariff Act of 1930, which is getting a lot of discussion today in light of President Trump's views on trade. Smoot-Hawley established massive tariffs on imports, something President Hoover promised the farming and manufacturing industries during his 1928 campaign. What followed was a trade war that many believe prolonged the Great Depression. At the time, Section 337 was an obscure and barely noticed provision of the law that addressed unfair competition in connection with articles imported into the U.S. It established the ITC (then called the Tariff Commission) to deal with complaints made under the provision. Today, the cases are adjudicated under provisions of the Administrative Procedure Act, which means ITC hearings share aspects of trials in District Court, but with some procedural quirks and often very different strategic considerations. The ITC is most known for the speed at which the cases proceed and the effectiveness of the available remedies.

I represent well-known technology companies at the ITC in a diverse set of cases spanning many different technologies and industries ranging from mobile devices, TVs, semiconductors, networking equipment, fiber optics, batteries and even DNA sequencing devices. The stakes are often very high in these cases so I am always prepared to swing hard and be all-in for my clients."