Intellectual Property: ITC Section 337
O’Melveny helps clients based in the US and around the world preserve their right to compete fairly in the US market.
O’Melveny helps clients based in the US and around the world preserve their right to compete fairly in the US market.
O’Melveny ensures that clients can compete in the US on a level playing field. For respondents in US International Trade Commission Section 337 Investigations, we help defeat patent infringement (and other) claims that could hinder their ability to import millions of products. And for complainants, we make sure that foreign competitors don’t gain an unfair advantage by importing infringing products into the US.
ITC cases are fast, high stakes, and subject to their own intricate rules, which is why our team is led by lawyers who have dedicated their careers to this specialized field. Over decades, we have built credibility with the Commissioners, the Administrative Law Judges and their attorney advisors, and the staff attorneys at the Office of Unfair Import Investigations. We have developed winning strategies and secured precedential opinions that broke new ground. And we have protected multimillion-dollar products lines and the components inside of them, ensuring that US consumers enjoy the benefits of free and fair competition.
Defended a Section 337 Investigation over alleged improvements for 3D graphics accelerators and DDR memory. After securing a favorable claim construction, the case resolved just weeks before trial.
Completed trial in a Section 337 Investigation involving LED technology, resolving the matter just one day before the ITC’s decision was due.
Just days from trial in the ITC, successfully resolved a series of cases, including two Section 337 Investigations involving touchscreen technology.
Successfully moved a Section 337 Investigation into private arbitration, avoiding a fast-tracked ITC trial.
Prevailed at trial in defending a Section 337 Investigation involving multi-layer ceramic capacitor products. The final determination in Samsung’s favor on all three patents at issue even found that there was no domestic industry for one of the patents.
Secured a complete win for Top Victory, invalidating one asserted patent at trial, and defeating the second in a Federal Circuit appeal. Top Victory was the only manufacturer in the industry to overcome the claims, and continue its business uninterrupted without paying royalties.
“The firm has a solid ITC practice with very good clients.”
—Chambers Global
“O’Melveny & Myers has an active IP litigation group that represents a plethora of technology companies before the ITC. It is particularly skilled at litigating domestic industry issues.”
—Chambers USA
“Sean [Trainor] is phenomenal; he is one of the most talented ITC practitioners. He is strategic, creative and a pleasure to work with.”
—Client Testimonial, Chambers USA