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Home | Merchant & Gould P.C.

Supporting Companies Through ITC Section 337 Investigations

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The US International Trade Commission (ITC) is an independent, quasi-judicial, federal agency that is responsible for resolving intellectual property and unfair competition disputes concerning imported products. Such unfair import disputes are known as Section 337 investigations and typically involve patent, trade secret, trademark, trade dress, and other forms of intellectual property, as well as unfair practices such as false advertising, anticompetitive acts, and business torts.

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The ITC Section 337 Group at Merchant &amp; Gould focuses on these investigations. Our group is led by skilled attorneys with years of experience in Section 337 matters and supported by a diverse, tech-focused litigation practice.

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Imported Goods Infringement, Unfair Competition &amp; Cross-Border Trade Protection

Our ITC Section 337 Group sits in our firm’s litigation practice and serves all clients regardless of industry. The group handles both patent and non-patent (trademark, trade dress, trade secrets, and false advertising) matters under Section 337.

Clients we serve include both companies that have significantly invested in U.S. operations suffering from IP infringement or unfair competition related to imported products and businesses defending against allegations of IP infringement or unfair competition with respect to their U.S. imports. Among the clients we serve are businesses that could benefit from the unique strengths of Section 337 investigations for brand protection and enforcement via utility and design patent, trademark, and trade dress rights.

Experienced Bench of IP &amp; Technology Attorneys

The core of our ITC Section 337 Group is based in the Washington, DC area and focuses on unfair import investigations before the ITC. The group also includes experienced IP attorneys across Merchant &amp; Gould, enabling the group to handle any intellectual property, technological, or brand protection issue that may arise in a Section 337 investigation.

Section 337 investigations combine traditional IP matters, such as patent, copyright, or trademark infringement or trade secret misappropriation; business and competitive issues; financial accounting and economics; trial practice and administrative procedure; and political savvy. The uniqueness of these cases requires attorneys with a mix of IP law experience, litigation skills, technical expertise, and financial knowledge, all of which our ITC Section 337 Group is well equipped to provide.

From initial pre-complaint diligence through trial and appeals, the attorneys and staff at Merchant &amp; Gould have the experience and expertise necessary to get positive results for our clients. As a global law firm that has focused on IP work for more than 120 years, our attorneys understand how international trade and intellectual property affect a company’s ability to grow.

Washington, D.C. Area

Partner

Joshua  A. Hartman

Exclusive for World Trademark Review Written by <a href="/people/joshua-a-hartman/">Joshua A. Hartman</a> and Kate S. Mayer



Global e-commerce was already on the rise and the pandemic has only accelerated this growth. Sellers are now able to access consumers anywhere at any time, while online marketplaces, such as Amazon and Alibaba, have flourished as avenues for cross-border trade. From 2019 to 2021, the percentage of Amazon sellers based in China rose from 28% to 63%, with 75% of new sellers in its top four core markets (the United States, the United Kingdom, Germany and Japan) based in China (see Marketplace Pulse, “75% of New Sellers on Amazon Are From China”). While the increase has yielded benefits such as greater choice and lower prices, it has also come with a cost: a wider customer base for infringers. As sales of counterfeits and knock-offs have moved from back alleys to living rooms at the expense of brand owners, rights holders and consumers.&nbsp;Indeed, as global trade has slowed, the trade in counterfeits has soared. According to a joint study released in March 2019 by the Organisation for Economic Cooperation and Development and the EUIPO, the global trade in counterfeit and pirated goods reached $509 billion in 2016, accounting for 3.3% of all trade in goods that year, up from 2.5% in 2013.



So how can legitimate vendors protect their brands from imported knock-offs and counterfeits flowing into their most important geographic markets? In the United States, brand owners have valuable regulatory solutions to the flow of infringing imports via two federal agencies – US Customs and Border Protection and the International Trade Commission (ITC). First, trademark owners registered with the US government can record their marks with Customs, which will enforce recorded marks at US ports of entry by inspecting, detaining and seizing infringing goods. Second, they can file complaints with the ITC to investigate ‘unfair imports’ suspected of infringing registered and unregistered trademarks and trade dresses. Through Section 337 investigations, the ITC can issue orders blocking infringing goods from entering the United States and prevent the marketing, sale and distribution of imported goods already in the country.



Read the full article <a href="/wp-content/uploads/2023/03/WTRPerimeterDefence.pdf">here.</a>

Perimeter Defence: Regulatory Tools to Halt Counterfeits at US Borders

By <a href="https://www.law360.com/articles/1445892/ip-firm-merchant-gould-launches-itc-practice">Adrian Cruz</a>



Law360 (December 6, 2021, 4:36 PM EST) &#8212;



Intellectual property firm Merchant &amp; Gould PC has launched a <a href="/practices/it-section-337-investigations/">U.S. International Trade Commission practice group</a> with a specialty in Section 337 investigations, the firm said Monday.



Merchant &amp; Gould&#8217;s ITC practice will be led by partner <a href="/people/joshua-a-hartman/">Joshua Hartman</a>, who joined the firm in September. Hartman told Law360 on Monday that the ITC group will consist of 12 attorneys in cities that include New York, Minneapolis and Atlanta led by a core group of Section 337 specialists including himself in the <a href="/offices/washington-d-c-area/">Washington, D.C., area</a>.



&#8220;This group was definitely part of the plan when I first started here, and it&#8217;s great to see it come to fruition,&#8221; he said. &#8220;It&#8217;s something that we talked about and have put a lot of work into, and it&#8217;s extremely exciting to be at this firm. Everybody&#8217;s been very supportive, and we have a strong, wellrounded team that combines 337 experience, technical expertise and lots of tactical experience with the types of problems that come up with 337 investigations.&#8221;



Hartman said the ITC group will do a variety of work, representing both ITC complainants asserting their IP rights and looking to prevent unfair competition along with respondents defending themselves from complaints.



&#8220;Based on the way the firm is structured and the diversity of our practice groups, we do expect to be able to handle a wide range of technologies including consumer products, electronics, life science products and brand name goods. We&#8217;ll also see some sector-specific work in spaces such as automotive, and a key part is that we&#8217;re really well situated for the rise in nonpatent investigations, which is a trend we&#8217;ve seen over the last few years.&#8221;



According to a report released by California-based intellectual property firm Patexia in February, more companies than ever have been requesting ITC investigations since the start of the COVID-19 pandemic. The report said the number of investigations filed went from 54 to 62 in 2020, a 15% increase from 2019.



Hartman said a number of other firms have been launching similar practices lately, and in an update from the report&#8217;s results, he said demand for 337 work has become even heavier this year, with 82 new complaints being filed in 2021 to go along with over 100 active investigations. Both numbers are all-time highs, he said.



&#8220;It&#8217;s a great time for Merchant &amp; Gould to add this offering,&#8221; he said. &#8220;Many of our clients have problems that Section 337 can address, including competition from imported products that can unfairly compete or infringe IP and the need to secure access to the U.S. market.&#8221;



One of the main reasons Hartman said the demand for Section 337 work has skyrocketed is because of the pandemic-driven increase in online commerce. With consumer access to more options than found in a traditional brick and mortar store, he said, many foreign producers have been able to obtain new access to American markets.



Hartman said the proportion of Chinese manufacturers selling on Amazon went from 20% to 60% in a short period of time and that while a majority of the items fall under fair trade regulations, a number had raised infringement and unfair competition claims now being addressed at the ITC.



&#8220;The increasing importance of online shopping has been a big part of the story,&#8221; he said. &#8220;Due to the pandemic, Amazon became the first shopping option for a lot of people, and that&#8217;s given U.S. consumers more options, including foreign producers. The number of Amazon sellers based abroad has gone up exponentially, and what this means is that there&#8217;s far more competition from foreign products and a subset of those raise IP infringement and unfair competition concerns.&#8221;



The creation of the new practice is the latest move in a busy 2021 for the Minnesota-based Merchant &amp; Gould, which also made a number of leadership changes in June. Partner <a href="/people/andrew-l-jagenow/">Andrew Jagenow</a> was appointed head of the firm&#8217;s <a href="/offices/denver/">Denver office</a> and partners Loretta L. Freeman and Ryan C. Smith were named co-heads of the<a href="/practices/design-patent-trade-dress/"> patent design and trade dress group</a>.



Merchant &amp; Gould has around 100 attorneys and staff in its seven offices in Atlanta; New York; Alexandria, Virginia; Denver; Minneapolis; Los Angeles and Knoxville, Tennessee, according to the firm&#8217;s website.



&#8211;Additional reporting by Tiffany Hu. Editing by Peter Rozovsky.



All Content © 2003-2021, Portfolio Media, Inc.



Law360 PDF <a href="/wp-content/uploads/2023/03/IPFirmMerchantGouldLaunchesITCPractice.pdf">Here</a>.

IP Firm Merchant & Gould Launches ITC Practice

Focuses on Section 337 disputes before the U.S. International Trade Commission (ITC), responding to current business issues and expanding the national IP firm’s capabilities.



KNOXVILLE – Merchant &amp; Gould P.C., a national intellectual property (IP) law firm that has helped innovators around the globe since 1900, is pleased to announce its new <a href="/practices/it-section-337-investigations/" target="_blank" rel="noreferrer noopener">International Trade Commission (ITC) Group</a>, specializing in Section 337 investigations before the ITC and expanding the firm’s capabilities at a critical time in our global economy. Knoxville is one of the firm’s seven office locations.



Read more <a href="https://www.knoxvilledailysun.com/business/2021/merchant-gould-litigation-group.html">here.</a>

Merchant & Gould adds new ITC-specialized litigation group

The intellectual property law firm Merchant &amp; Gould PC, with has an office in Knoxville and six other cities, has <a href="/news/merchant-gould-adds-new-itc-specialized-litigation-group/">added a new practice group</a> that will focus on disputes before the U.S. International Trade Commission (ITC). 



Read more <a href="https://www.tba.org/?pg=LawBlog&amp;blAction=showEntry&amp;blogEntry=66605">here.</a>

Merchant Gould Adds New Trade Litigation Group

Merchant &amp; Gould P.C., a national Intellectual Property (IP) law firm that has helped innovators around the globe since…



Read more <a href="https://www.lexology.com/library/detail.aspx?g=fc7ab9e2-0411-41bf-8af0-b09172d2f322">here.</a>

Merchant & Gould Adds New ITC-Specialized Litigation Group

Law360 is helping us welcome our newest partner <a href="/people/joshua-a-hartman/">Josh Hartman</a> and two associates, Kate Mayer and <a href="/people/hayley-m-ostrin/">Hayley Ostrin</a>, to our D.C.-area office.  Collectively, they add Section 337 litigation experience to our IP platform.  Read more here: <a href="/wp-content/uploads/2023/03/IP-Firm-Merchant-Gould-Adds-3-Attys-In-DC-Area.pdf" target="_blank" rel="noreferrer noopener">IP Firm Merchant &amp; Gould Adds 3 Attys In DC Area</a>

IP Firm Merchant & Gould Adds 3 Attys In DC Area

Merchant &amp; Gould is pleased to have welcomed associates Catherine (Kate) S. Mayer and Hayley Ostrin to its legal team on Oct. 12. &nbsp;Both Kate and Hayley specialize in Section 337 investigations before the U.S. International Trade Commission (ITC), which involve unfair and injurious competition in trade.



Kate helps businesses protect their intellectual property rights against unfair practices, including patent and trademark infringement and trade secret misappropriation. &nbsp;Having been a part of many successful cases before the ITC, she works to protect brands and products in large and small industries. Kate also has handled several trade secret cases, a rarity within the ITC. &nbsp;Kate’s experience includes all phases of Section 337 investigations, from pre-complaint through trial and Commission briefing, and she has led trainings related to Section 337 strategy and procedure. &nbsp;Kate received her B.A. from the University of Pittsburgh and her J.D. from the George Washington University Law School. &nbsp;



Hayley’s practice includes IP litigation and counseling, with particular emphasis on Section 337 investigations before the ITC. &nbsp;Like Kate, her experience with Section 337 investigations encompasses pre-complaint investigations through trial and Commission briefing, and she has extensive knowledge of ITC procedural and substantive issues, discovery and trial strategies, and other nuances of this unique practice area. &nbsp;Hayley’s background as a sales engineer, which encompassed product management for multiple Fortune 500 companies, instilled a deep understanding for how trade and intellectual property affect a company’s ability to innovate. &nbsp;She received her B.S. and M.S. in Bioengineering from the University of California (Riverside), and her J.D. from The University of Texas School of Law.



“Hayley and Kate are excellent additions to Merchant &amp; Gould, as we expand our litigation capabilities. Their international trade experience and focus on Section 337 investigations will be invaluable to our clients looking to protect their global assets,” said E. Joseph Gess, managing partner of Merchant &amp; Gould’s D.C.-area office. “Our office is well situated and located for this type of work, and the backgrounds and insight offered by Hayley and Kate will greatly enhance our ITC practice capabilities.”



Josh Hartman, who joined Merchant &amp; Gould last month as a partner to lead the firm’s ITC specialty within the Litigation Practice Group, added, “With the evolution of our global economy, the ITC is more important than ever as a forum for intellectual property and unfair competition disputes. &nbsp;Kate, Hayley and I are excited to have joined Merchant &amp; Gould and to bring collective relief to our clients in Section 337 matters.” &nbsp;

Merchant & Gould Hires Two Associates in D.C.-Area Office

Specializes in disputes before the U.S. International Trade Commission, expanding the national IP firm’s capabilities



Merchant &amp; Gould is pleased to announce that <a href="/people/joshua-a-hartman/">Joshua Hartman</a> joined as a partner on Sept. 1, adding his International Trade Commission (ITC) litigation experience to the firm’s IP platform and expanding its capabilities in IP litigation.



Josh brings 13 years of experience as a litigator, specializing in intellectual property and unfair competition disputes before the U.S. International Trade Commission and U.S. district courts.&nbsp; He has represented companies from growth-stage to Fortune 500 and Global 1000 across a broad range of innovative industries, including life sciences, fintech, cleantech and cybersecurity.&nbsp;



Josh has had significant successes in litigation before the ITC. These successes include helping to achieve a $1.8 billion settlement in a major trade secrets investigation in the electric vehicle batteries industry; obtaining consent orders and highly favorable settlements to protect a life sciences company’s in vitro diagnostics technologies; and helping secure remedial orders from the ITC.&nbsp; Josh’s cases typically blend a deep understanding of ITC issues with traditional IP issues, such as patent and copyright and trade secret misappropriation.



“Josh is an excellent addition to Merchant &amp; Gould, as we expand support and capabilities for partnering with our clients.  He brings relevant ITC experience to our mix of IP solutions, adding greater depth to brand protection and active enforcement.  We are excited to have him join us,” said Christopher J. Leonard, CEO and Managing Director, Merchant &amp; Gould.



“More than ever, ITC litigation involves not just patent-based causes of action, but a broader range of IP and business issues.&nbsp; With Josh’s hire and niche, we are increasing our existing IP capabilities and helping establish Merchant &amp; Gould in the ITC litigation space,” added Chris.

Joshua Hartman Joins Merchant & Gould’s D.C.-Area Office as Partner

Focuses on Section 337 disputes before the U.S. International Trade Commission (ITC),  responding to current business issues and expanding the national IP firm’s capabilities.



Merchant &amp; Gould is pleased to announce its new International Trade Commission (ITC) Group, specializing in Section 337 investigations before the ITC and expanding the firm’s capabilities at a critical time in our global economy.



The <a href="/practices/itc-section-337-investigations/">ITC Section 337 Investigations Group</a>, which will sit within the firm’s Litigation Practice, serves all clients, regardless of industry, and handles both patent and non-patent issues (trademark, trade dress, false advertising and trade secrets) under Section 337.  As a global law firm that has focused exclusively on intellectual property work for more than 120 years, Merchant &amp; Gould has deep experience that cuts across all technology fields and a historical understanding for how trade and intellectual property affect a company’s ability to innovate.  



Section 337 litigation is considered a specialty within the broader field of intellectual property and unfair competition litigation, encompassing all types of IP and unfair competition claims. &nbsp;Cases typically blend traditional IP issues, such as patent, copyright, trademark infringement and trade secret misappropriation, with trial practice and administrative procedure &#8212; requiring an interdisciplinary mix of IP law experience, litigation skills and regulatory proficiency, as well as economic and financial knowledge.&nbsp;



“With the launch of the ITC Group and this additional niche, Merchant &amp; Gould is increasing our existing IP capabilities in the ITC litigation space during an important shift in our global economy. &nbsp;ITC investigations require a variety of IP specializations, and we have a deep team of IP all-stars who understand the complexity of this area, as we move into a more interconnected world,” said Christopher J. Leonard, Managing Director and CEO of Merchant &amp; Gould. &nbsp;“This distinctive insight and experience will be invaluable to our clients who are protecting their brands and businesses across the world, while balancing different trade issues.” &nbsp;



Merchant &amp; Gould’s D.C.-area office is well situated to lead this kind of work with local resources nearby and with a deep understanding for Section 337 investigations. &nbsp;The firm’s specialized, ITC-focused D.C.-area team will steer the ITC Group, while working with attorneys across Merchant &amp; Gould’s seven offices to tap into the firm’s diverse and global Litigation Practice.



According to Josh Hartman, who joined Merchant &amp; Gould in September as a partner to lead the firm’s ITC Group, “The ITC has been extremely busy, and the trend is continuing with an increasing number of investigations and a greater variety of new complaints. &nbsp;Relationships among the U.S. and other economies are growing tighter; and the COVID pandemic accelerated reliance on online marketplaces, increasing the risk of unfair competition from imports. &nbsp;Products are also more and more complex, as innovation progresses; and with global supply chains, products are made through contributions from many places. &nbsp;To protect intellectual property, businesses are looking outward, and that’s when Section 337 can provide solutions.”



Matters before the ITC are fast, complicated, and large in scale, involving different parties and technologies. &nbsp;In fact, the quick pace includes discovery periods lasting three to five months; evidentiary hearings typically within eight to 10 months after complaint filings; and target dates for completion in 14 to 16 months.&nbsp;



Josh added, “Fast action is critical in this part of the IP mix. &nbsp;Thankfully, the rapid resolution in front of the ITC is also fast paced, bringing clients quick relief when it matters most. But you have to know how to navigate deep waters – almost like using a battleship as a speed boat.”



Merchant &amp; Gould is planning a Continuing Legal Education (CLE) event regarding Section 337 in Spring 2022. &nbsp;The topic, speakers, date and location (in-person vs. virtual) will be announced early next year. &nbsp;

The&nbsp;ITC Section 337 investigations group, which will sit within the firm’s litigation practice, will handle both patent and non-patent issues (trademark, trade dress, false advertising and trade secrets) under Section 337.



Read more <a href="https://www.intellectualpropertymagazine.com/trademark/merchant-gould-launch-itc-specialist-litigation-group-149600.htm">here.</a>

ITC Section 337 Investigations

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