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International Trade Commission Litigation

Practice Area

Litigation and
strategic counsel.

Devlin Law Firm helps clients navigate high-stakes legal issues with technically informed, business-aware advocacy.

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The ITC is not a general litigation forum, and it should not be approached as though it were simply a faster version of district court. Section 337 investigations follow their own procedural rules, move on an aggressive schedule, and require parties to address issues that are unique to the Commission. A complainant must be prepared to show why the imported products fall within the ITC’s authority and why the requested relief is appropriate. A respondent must be ready to defend quickly in a forum where the timeline can place immediate pressure on the business, the evidence, and the litigation team.

Devlin Law Firm represents clients in Section 337 investigations before the International Trade Commission. The firm understands that success in this forum begins before a complaint is filed or a response is due. For patent owners, that means evaluating whether the ITC is the right enforcement venue and whether the facts support the relief the client is seeking. For accused infringers, it means quickly understanding the asserted rights, the imported products at issue, and the business consequences of a potential exclusion order.

Because ITC litigation moves quickly, preparation has to be front-loaded. Devlin Law Firm works with clients to develop the record early, address the Commission’s specialized requirements, and position the matter for the compressed schedule that follows institution. That preparation is essential in a forum where administrative law judges expect discipline, deadlines move quickly, and the available remedies can affect access to the United States market.