The attorneys of Mintz Levin’s IP Litigation Practice have successfully represented both complainants (plaintiffs) and respondents (defendants) in the International Trade Commission (ITC). With our experience, we know the ITC’s and the Administrative Law Judges’ (ALJs) procedures inside and out; among our members is a former senior investigative attorney from the ITC who joined the firm in 2015. The ITC raises the stakes of litigation by offering the exclusion of infringing articles from importation into the United States, and it also acts quickly, providing its final decisions within 12 to 18 months of filing. To succeed under those time constraints, especially given the additional statutory requirements of ITC practice, requires a team experienced with the agency's fast pace and complex procedures. Mintz Levin is that firm for many clients. Our team is steeped in the ITC and has a singular command of technology and patent law.
We have succeeded for our clients when the stakes are highest. For instance, when a client faced bankruptcy as the result of the illegal importation of knock-off cameras that infringed its patents, and when standard exclusionary relief wouldn’t prevent the infringers from importing under assumed names, members of our team successfully argued for a General Exclusion Order, restricting the importation of all infringing articles, including those of entities that weren’t parties to the investigation. This was one of the only occasions the Commission has ever granted this extraordinary relief, and with it, the client has thrived.
The risk from District Court enforcement is perceived today to be at a low point, given recent patent reform and decisions affecting the magnitude of the remedy available for infringement. As a consequence, many patent holders now look to enforce in the ITC, a forum that raises the stakes of litigation by offering the exclusion of infringing articles from importation into the United States. If you want to pursue enforcement of your patent rights at the ITC, or are faced with infringement claims at the ITC and need to move fast, Mintz Levin is a firm you can count on.
- One of very few firms to have achieved a General Exclusion Order at the ITC.
- Successfully represent clients as complainants and pespondents.
- Experienced ITC litigators with exceptional technical education and experience in the following areas:
- Biomedical Engineering
- Computer Engineering
- Electrical Engineering
- Industrial Engineering
- Radar Systems Design
- Software Development
- Chemical Engineering
- Database Systems Integration
- Mechanical Engineering
- Semiconductor Manufacturing
Rankings & Recognition
- IAM Patent 1000 (2016)
- Patent Litigation Practice and 7 attorneys recognized among the "World's Leading Patent Practitioners,” including Michael T. Renaud, head of the ITC Litigation practice
- IAM Strategy 300 (2015/2016)
- Division Head for IP and head of the ITC Litigation practice, Michael T. Renaud, identified among "The World's Leading IP Strategists"
- Chambers USA (2016)
- 3 IP attorneys identified as leaders in their respective patent fields, including Michael T. Renaud, Division Head for IP and leader of the ITC Litigation Practice
- BTI Consulting Group's 2016 Litigation Outlook
- IP Litigation ranked in top 5% of all law firms by corporate counsel