Sonnenschein Nath & Rosenthal LLP

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ITC Patent Litigation

Sonnenschein's Patent Litigation Group includes a nationally recognized United States International Trade Commission (ITC) patent litigation practice.  Patent suits before the ITC are brought pursuant to Section 337 of the Tariff Act of 1930 and are among the most complex, fast-paced, and demanding forms of IP litigation anywhere.  Bringing an infringement action before the ITC and winning may force a competitor’s products from the U.S. market.  By contrast, losing an action brought by a competitor may just as easily cause your products to be excluded.  It should come as no surprise then that ITC litigation is often referred to as “bet the company” litigation because of the enormous stakes involved.

Sonnenschein offers one of the most experienced teams of ITC patent litigation attorneys.  We have, collectively, tried dozens of ITC patent cases.  Sonnenschein patent attorneys have litigated cases before each of the four sitting ITC Administrative Law Judges many times over, having represented plaintiffs and defendants.  In addition, Sonnenschein's clients have benefited from the experience of former attorney-advisors to ITC Administrative Law Judges and former Federal Circuit clerks who can help clients navigate the substantive and procedural complexities of Section 337.

Sonnenschein patent attorneys immediately bring a keen understanding of sophisticated technologies to ITC cases.  More than 25 Sonnenschein attorneys have earned degrees—and in many cases advanced degrees—in an array of technical fields including electrical engineering, physics, computer science, biology, and chemistry.  In addition, Sonnenschein attorneys have spent years litigating cases for cutting-edge technology companies in those areas, including Intel, Thomson, Samsung, MediaTek and Genesis Microchip.

Infringement actions before the ITC very often occur in parallel with district court litigation, adding another layer of complexity.  Sonnenschein's full-service patent litigation practice of over 50 attorneys in 10 offices throughout the United States gives clients the freedom to choose the right litigation strategy using both forums.  Sonnenschein patent attorneys have litigated IP cases in district courts throughout the United States, including the Northern District of California, the Eastern District of Virginia, the Eastern District of Texas and Delaware.

The clear advantages Sonnenschein provides to clients have translated into an impressive record of achievement before the ITC.

Representative ITC cases litigated by Sonnenschein Patent Litigation Group attorneys:

  • Certain DVD/CD Players and Recorders, Color Television Receivers and Monitors, and Components Thereof, Inv. No. 337-TA-542 (2005)
  • Certain Color Television Receivers and Color Display Monitors and Components Thereof, Inv. No. 337-TA-534 (2005)
  • Certain Rubber Antidegradants, Components Thereof, and Products Containing Same, Inv. No. 337-TA-533 (2005)
  • Certain Semiconductor Devices and Products Containing Same, Inv. No. 337-TA-525 (2004)
  • Certain Point of Sale Terminals and Components Thereof, Inv. No. 337-TA-524 (2004)
  • Certain Optical Disk Controller Chips and Chipsets and Products Containing Same, Including DVD Players and PC Optical Storage Devices II, Inv. No. 337-TA-523 (2004)
  • Certain Medical Devices Used to Compact Inner Bone Tissue and Products Containing Same, Inv. No. 337-TA-507 (2004)
  • Certain Display Controllers and Products Containing Same, Inv. No. 337-TA-491 (2003)
  • Certain Display Controllers with Upscaling Functionality and Products Containing Same, Inv. No. 337-TA-481 (2002)
  • Certain Recordable Compact Discs and Rewritable Compact Discs, Inv. No. 337-TA-474 (2002)
  • Certain Semiconductor Timing Signal Generator Devices, Components Thereof, and Products Containing Same, Inv. No. 337-TA-465 (2001)
  • Certain Power Saving Integrated Circuits and Products Containing Same, Inv. No. 337-TA-463 (2001)
  • Certain Integrated Circuits, Processes For Making Same, and Products Containing Same, Inv. No. 337-TA-450 (2001)
  • Certain Integrated Repeaters, Switches, Transceivers and Products Containing Same, Inv. No. 337-TA-435 (2000)
  • Certain SDRAMs, DRAMs, ASICs, RAM-and-Logic Chips, Microprocessors, Microcontrollers, Processes for Manufacturing Same, and Products Containing Same, Inv. No. 337-TA-404 (1997)
  • Certain EPROM, EEPROM, Flash Memory, and Flash Microcontroller Semiconductor Devices and Products Containing Same, Inv. No. 337-TA-395 (1997)

The unprecedented growth in global manufacturing and international trade, coupled with the critical importance of efficiently addressing IP rights, make the ITC an ideal venue to litigate patents.  While the explosion in ITC litigation is attracting attention from newcomers, the lawyers of the Patent Litigation Group have been litigating before or working at the ITC for years.  The institutional knowledge and experience Sonnenschein's Patent Litigation Group offers its clients is what sets it far apart from those firms that are only now learning about ITC practice.

Click here for more information about the U.S. International Trade Commission and Section 337