The ITC Section 337 Investigations: Trends, Development, and Issues

Ryan N. Herrington is a Senior Managing Director at FTI Consulting and is based in Dallas. Mr. Herrington has more than eighteen years of professional experience in applying financial, accounting, and economic principles to complex business disputes over a variety of engagements. Mr. Herrington has significant experience in disputes involving intellectual property, including matters brought before the ITC. Mr. Herrington has served as an expert witness and testified in deposition and trial. Mr. Herrington’s intellectual property experience includes matters involving patent, trademark and copyright infringement as well as trade secret misappropriation. Mr. Herrington has also participated in ITC enforcement proceedings. Mr. Herrington co-authored a chapter in the Litigation Services Handbook on the role of financial experts in ITC investigations.

Section 337 investigations pose an enormous risk. Without proper counsel, the speed, complexity and potential cost can overwhelm companies and drain precious resources. Having handled nearly 60 such investigations, Jordan understands those risks, and how to safely and efficiently guide complainants, respondents and non-parties toward the best possible result.

Legal 500 recently described Jordan as "the heart of the practice", who “offers a wealth of ITC experience and knowledge, while maintaining a level of responsiveness and approachability that is second to none." He’s managed all aspects of Section 337 investigations, including eight trials, from pre-complaint counseling and diligence to Federal Circuit appeals. The investigations have covered technologies including smartphones, tablets, televisions, flash memory, semiconductors, and medical devices.

Cyrus Frelinghuysen is Of Counsel in Greenberg Traurig’s Washington, D.C. office. He focuses his practice on intellectual property and trade matters.  Cyrus has litigated disputes in district courts and before the U.S. International Trade Commission (ITC), having handled numerous investigations under Section 337 of the Tariff Act of 1930.  Cyrus also advises clients on compliance and enforcement matters, including U.S. Customs and Border Protection (CPB), the Office of Foreign Assets Control (OFAC), and the Foreign Corrupt Practices Act (FCPA). He has represented clients across a variety of sectors and technologies, such as telecommunications equipment, mobile devices, semiconductors, and pharmaceuticals.

Tony Pezzano is a partner in the New York offices of DLA Piper LLP (US). Tony has successfully tried numerous cases in federal district courts and the ITC involving technology innovation across a diverse range of industries.  Tony has been lead counsel for brand pharmaceutical companies in over two dozen filed Hatch-Waxman cases during the past ten years involving antibiotic, antiviral, antifungal, anticoagulant, and anti-organ transplant rejection drug products.  Tony has also represented both Complainants and Respondents in ITC Section 337 investigations involving biologics, SeaDoos/WaveRunners, wireless communication devices, including mobile phones and tablets, computer routers and Segways/hoverboards.  Few attorneys, if any, can match Tony’s record of obtaining both injunctions in Hatch-Waxman cases as well as exclusion and cease and desist orders in ITC Section 337 investigations. Tony is Past President (2009) of the ITC Trial Lawyers Association.