International Trade Commission
McKenna Long & Aldridge’s (MLA) attorneys have significant experience appearing before the International Trade Commission (ITC), spanning a range of international trade and Section 337 actions. We have detailed experience from start to finish, both working at the ITC and practicing before the ITC, including:
- prefiling counseling
- complaint and response drafting
- international discovery
- commission review and appeal
We’ve also handled many dumping and countervailing duty investigations over the years, relating to a wide variety of products and countries.
In addition to our experience in Section 337 and patent infringement matters, we provide the highest quality public policy counseling and services. Many of our attorneys and public policy advisors have held senior level positions in the executive and legislative branches of federal, state and local governments. Our lobbying experience and relationships enable us to proactively work with the United States Trade Representative (USTR), who has a 60-day period to review exclusion orders entered by the ITC. In addition, our experience with U.S. Customs and Border Protection, enables MLA to provide crucial services that extend beyond the proceedings of the ITC.
Additionally, our experience with numerous government entities frequently involved in ITC and international matters allows us to guide our clients on issues extending beyond the proceedings of the ITC itself. In the field of international trade, MLA has assisted global clients in the ever-changing area of U.S. patent laws that went into effect following the Agreement on Trade-Related Aspects of Intellectual Property (TRIPs) under the World Trade Organization. We have also arranged export approvals and licenses for technology-related goods and services, including decisive matters of military technology.
MLA’s attorneys have handled the following representative matters:
- In the Matter of Certain Laminated Floor Panels: Successfully explained to the ITC why our client did not fall within the scope of a finding of infringement by the Administrative Law Judge, and successfully argued that our client was not subject to the ITC’s exclusion order. Also worked with the USTR to guarantee that our client, who might have been subject to an ITC exclusion order, be allowed to continue to import its products into the U.S.
- In the Matter of Rare-Earth Magnets and Magnetic Materials and Articles Containing Same: Represented complainants in successful investigation involving numerous foreign importers and obtained a general exclusion order precluding importation of infringing products.
- In the Matter of High-Brightness Light Emitting Diodes and Products Containing Same: Represented complainant in successful investigation against foreign importer of infringing products and obtained a summary judgment to exclude certain invalidity defenses based on the settlement agreement.
- May 16, 2012
- March 30, 2012Following its decision in Bilski, on March 20, 2012, a unanimous (9-0) Supreme Court handed down its decision in Mayo v. Prometheus-the Court’s second opinion on patentable subject matter in less than two years. Prometheus is the sole and exclusive licensee of U.S. Patent Nos. 6,355,623 and 6,680,302, which claim methods for determining the optimal dosage of thiopurine drugs used to treat immune-mediated gastrointestinal disorders, and marketed a PROMETHEUS Thiopurine Metabolites test that used the technology covered by the patents-in-suit.
- ITC Issues Opinion further opens the door for non-practicing entities to establish a “domestic industry”August 5, 2010