Because a relatively high percentage of ITC proceedings advance to trial, it is critical to hire a trial-ready team.

Latham’s patent lawyers include former ITC personnel who know the staff attorneys, the Administrative Law Judges (ALJs), and the ITC’s practices and procedures. The firm’s lawyers understand how to practice under the demanding ITC schedules and are adept at working with clients to manage the burdens and complexities of ITC proceedings. Latham's ITC lawyers work with clients to efficiently and effectively manage the discovery process, knowing which battles to fight and, most importantly, knowing how to effectively and credibly communicate with the ALJ at hearings and trial.

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the ITC Patent Litigation Practice

Latham & Watkins' representative experience with the International Trade Commission includes:

In re Certain Cold Cathode Fluorescent Lamp Inverter Circuits
Latham represented Monolithic Power Systems (MPS), a high performance analog semiconductor company, in a patent infringement action brought by O2Micro before the International Trade Commission (ITC). O2Micro originally alleged that MPS infringed four patents and sought an order preventing the importation into the United States of MPS's products and consumer electronic equipment utilizing MPS's products. The administrative law judge found that MPS did not infringe any of the asserted claims, and the full Commission affirmed that finding.

In re Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same
Latham represented Cross Match Technologies, Inc., a developer of biometric security solutions, before the Chief Administrative Law Judge (ALJ) of the International Trade Commission in an investigation against Suprema, Inc. related to fingerprinting technologies. After trial, the Chief ALJ found that Cross Match’s patents were infringed and that none of Cross Match’s asserted patent claims were proved invalid. The full Commission affirmed that finding. As a result, the infringing products will be excluded from the US market until the patents expire in 2022.

In re Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof
Latham represented AU Optronics (AUO) in consolidated ITC investigations relating to liquid crystal displays, where Thomson Licensing is the Complainant and the six patents-in-suit relate to LCD panels, LCD controllers, and birefringent film. After trial, the Administrative Law Judge issued an initial determination finding that none of the claims asserted against AUO were infringed, and further found that most of the claims were invalid. The full Commission affirmed that finding.