Practice IV

IP Litigation.

Section 337, district court, and the PTAB.

The work — Patent, trade-secret and copyright litigation in the forums where an adverse ruling stops a business: the International Trade Commission, the federal district courts, the Patent Trial and Appeal Board.

What we cover — Section 337 investigations, including exclusion-order and cease-and-desist defense. District-court patent trials, including Hatch-Waxman ANDA litigation. Inter partes review and post-grant proceedings filed in parallel as redundancy. Trade-secret and reverse-engineering claims. Copyright trials and injunctive relief against unlicensed distribution.

How we work — At the Commission the calendar does not move, so the defense has to. We press domestic industry early — most respondents engage it at month nine, by which point the dispute has narrowed to infringement and validity, where the complainant holds the structural advantage. We read the prosecution history before we read the complaint. Experts are technical fellows who can hold a position under cross, not professional witnesses.

Recent matter — A US technology company defending a Section 337 complaint seeking to exclude its entire North American hardware line. Final initial determination of no violation on domestic industry. The Commission declined review. Cross-license reached on commercial terms.