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Practice Area
The United States International Trade Commission (ITC) is an increasingly popular venue for patent infringement litigation. More and more companies are seeking to halt importations of infringing products into the United States by turning to the ITC for expedited relief. Section 337 investigations conducted by the ITC provide complainants with a “fast track” to remedy IP matters that typically go to trial within 10 months. Since many Section 337 cases go to trial, selecting an ITC litigation team with a command of the technology, patent law, and specialized procedural practice is extremely important. We have handled more than 100 cases before the ITC.
Practice Area
International trade is essential for the growth and development of global economies and businesses. As international trade has expanded and developed, so too have the myriad rules and regulations that govern it. The global compliance environment is becoming more complex by the day and can be difficult to navigate without the assistance of experienced counsel. Failure to comply with international trade rules and regulations—even if done so unwittingly—can lead to civil and criminal penalties, monitorships, consent agreements, debarment, reputational damage, substantial administrative burden, legal expense, and unsatisfied business objectives. Increasingly, there also is exposure for individual officers/directors, which can include monetary penalties and, potentially, jail time.
Practice Area
Winston has decades of experience representing clients in international arbitrations around the world. Representing clients in both commercial and investor-state international arbitrations, we are well known by the leading players in the global arbitration arena. Our integrated team of attorneys enforces awards worldwide, knows every angle of international disputes, and has a robust understanding of our client’s industries.
Experience 159 results
Experience
|January 29, 2025
Drugs Made In America Acquisition Corp. Announces Closing of $200,000,000 Initial Public Offering
Experience
|January 16, 2025
Winston Wins Dismissal of False Advertising Claims Against Birdseed Manufacturer
Experience
|December 23, 2024
Winston advises Atlantic Sustainable Catch in its acquisition of Atlantic Capes Fisheries
Insights & News 3,563 results
Speaking Engagement
|May 9, 2025
Join Winston & Strawn partners M. Imad Khan and Keerthika M. Subramanian for the upcoming online program “Hot Topics in International Arbitration and Strategic Transactions: Recent Developments and Key Trends in India” hosted by the Practising Law Insititute.
In the Media
|March 31, 2025
|Less Than 1 Min Read
Daniel Stabile Discusses Shift in SEC Approach with Cryptonews
Winston & Strawn partner Daniel Stabile was quoted in a Cryptonews article discussing the U.S. Securities and Exchange Commission (SEC) ending its legal proceedings against Ripple.
In the Media
|March 28, 2025
|2 Min Read
Andrew Jacobs Joins Winston & Strawn in New York Office
Winston & Strawn recently announced the arrival of Andrew Jacobs to the firm’s New York office. He joins the firm’s Transactions Department as a partner in the Finance Practice. Andrew focuses his practice on advising leading investment banking firms and commercial banks in public and private financing transactions, including secured and unsecured debt offerings and leveraged buyouts. He has a broad range of financing experience in both domestic and cross-border transactions
Other Results 94 results
Site Content
What Is the Federal Trade Commission (FTC)?
The Federal Trade Commission (FTC) is a government agency established in 1914 to prevent anticompetitive, deceptive, or unfair business practices. The FTC is defined as having a dual mission of: (1) protecting consumers; and (2) promoting competition. Agency expertise and resources are available to federal and state legislatures, as well as other U.S. government agencies. The FTC enforces consumer protection and antitrust laws, and also works to advance consumers’ interests and provide educational programs.
Site Content
What Is the Domestic Industry Requirement?
The domestic industry requirement for Section 337 investigations at the U.S. International Trade Commission (ITC) mandates that a complainant asserting patent infringement at the ITC, or complainant’s licensee, has made in the United States significant investments in plant and equipment, significant investments in labor or capital, or substantial investments in engineering, research and development, or licensing. The investments must further be directed to articles that practice a valid claim of the asserted patent. The investment component of the requirement is referred to as the “economic prong,” while the requirement that the article practices the asserted patent is referred to as the “technical prong.” The domestic industry requirement is codified in 19 U.S.C. § 1337(a)(2)-(3).
Site Content
The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge. As a member of the World Trade Organization, the U.S. government has a responsibility to protect trade secrets. The passage of the Defend Trade Secrets Act of 2016 (DTSA) also increased trade secret protection. Under the DTSA, an individual or organization may be found liable in a civil case for the misappropriation of trade secrets.