At WIT, understanding the nuances of International Trade Commission (ITC) investigations is a major part of our business. And because of that, we continuously research the issues impacting those involved with proceedings before the ITC.
In our effort to help our clients navigate the complexities of this specialized venue, we take a proactive approach to delivering relevant insights, examining trends within the sector with regard to filings, investigation timelines, judge preferences, and more.
Let’s explore some of our insights from Q3 and examine WIT’s involvement with the ITC.
WIT ITC Report: Chief Administrative Law Judge Clark Cheney
WIT evaluates every new ITC Investigation to ensure we are prepared to meet our clients’ needs. Recently, WIT’s ITC Practice Team examined statistics across numerous categories and compiled insights to create a report that offers an exclusive look at Chief Administrative Law Judge (CALJ) Clark Cheney. Our inaugural ITC report provided data around 2023’s proceedings at the ITC, and the second edition looked at ALJ Bhattacharyya’s record. Our latest in-depth judge report, WIT ITC ALJ Spotlight: Chief Administrative Law Judge Clark S. Cheney, offers insights into CALJ Cheney’s background, experience, and work as a Commission judge.
Below is an overview of Chief Judge Cheney’s assignments since becoming an ALJ for the ITC:
A Conversation with WIT’s ITC Practice Chair: Examining 2024 Trends in Section 337 Investigations
We spoke to our ITC Practice Chair, Jeffrey Dorfman, a seasoned New York attorney, to gain insight into ITC investigation trends in 2024. With years of experience working with clients on matters before the ITC, Dorfman uses his knowledge and appreciation for this specialized venue to help fulfill our clients’ expert needs.
Here’s what he thinks regarding which trends are emerging this year in terms of the industries and technologies most frequently involved in ITC investigations:
“Over the course of this year, we’ve seen many investigations falling into the wireless category, involving memory-related technologies, Wi-Fi, base stations, modules, fiber optics, and more. When comparing to previous years, we have noticed that many of the same subject matters continue to be at the center of complaints: vape-related matters, another wearables case, camera tech, and more.”
Case Studies
Jeff and the WIT team are working with clients on nearly half of all ITC matters, recommending leading source code experts, economists, industry insiders, and a wide range of technical experts. In order to support the need for industry-specific experts in this space, we have affiliated with a diverse group of technical experts, industry insiders, and proficient code review and analysis specialists dedicated to supporting our clients’ success.
Let’s review some of the investigations these experts have worked on.
Case Study: Lithium-Ion Battery Expert Needed for ITC Investigation
In this matter, a group of Li-ion battery manufacturers filed a complaint with the ITC against several respondents, including a Chinese battery manufacturer, a Chinese drone company and its U.S. subsidiary, and a Chinese mobile phone company and its U.S. subsidiary. The complaint alleges that the respondents are unlawfully manufacturing batteries and electrochemical devices that infringe the complainants’ U.S. patents. The patented technology relates to lithium-ion batteries that include composite separators with features that claimed to improve the mechanical strength and heat resistance of the separators, which were said to result in enhanced overall battery safety through increased robustness and reduced likelihood of short circuits inside the battery.
Case Study: Automotive Expert Needed for Patent Infringement Dispute
In this case, the plaintiff, a major automotive manufacturer, filed patent infringement suits against four notable automotive providers operating under a German multinational manufacturing brand. The suit accused the automakers of stealing its patented “Terrain Response” system, which helps drivers navigate different off-road terrains. The plaintiff lodged the suits against the manufacturers in Delaware federal court and in New Jersey federal court and later in an investigation against all four automakers filed with the ITC.
How WIT’s Experts Can Assist in an ITC Investigation
WIT’s expertise in ITC matters is backed by the company’s direct involvement in Section 337 investigations and a team experienced in appearing before the ITC who understand the nuances of Commission practices. WIT has remained at the forefront of ITC matters by providing leading experts in wireless communications, life sciences, automotive, and more for some of the ITC’s most consequential proceedings.
Contact us for more information about our experts and to learn more about our expert teams in our areas of focus within technology.