International Trade Commission (ITC) Patent Litigation

Our International Trade Commission (ITC) practice consistently delivers trial victories in the most significant ITC cases, drawing on substantial experience navigating the accelerated and voluminous document discovery typical in these cases.

Latham’s ITC team includes former ITC personnel who know the staff attorneys, the Administrative Law Judges (ALJs), and the ITC’s practices and procedures. We understand how to practice under the demanding ITC schedules. We work with clients to manage the burdens and complexities of these proceedings, efficiently and effectively handling the discovery process and knowing which battles to fight and, crucially, how to communicate with the ALJ at hearings and trial.

We have represented both American and foreign companies as complainants and respondents in dozens of ITC investigations and numerous trials over patents and trade secrets. We also represent clients in ITC enforcement actions and are one of the few firms to handle proceedings before US Customs and Border Protection (CBP) to clear redesigns for importation.

 

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.

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