Swift Leverage

The U.S. International Trade Commission is on the rise: an increasingly-popular, expedited forum for blocking imports that infringe patents, trademarks, and trade secrets or otherwise constitute unfair trade. Recent developments in the IP litigation landscape — particularly the rise of AIA patent validity challenges to the U.S. Patent & Trademark Office and corresponding stays of U.S. District Court litigations (but not ITC investigations) — have contributed to a surge in ITC investigations, and Kilpatrick Townsend has been in the thick of that surge.

Currently, Kilpatrick Townsend ranks among the top 5 U.S. national firms at the ITC — with only three U.S. national firms having more representations in 2016. Our team of 15 dedicated ITC practitioners engage daily in a number of cutting-edge representations before the commission. In 2017, Managing Intellectual Property named Kilpatrick Townsend in its “IP Stars” listing of ITC firms — for a third consecutive year.

The Kilpatrick Townsend Advantage

As part of one of the nation’s leading patent litigation practices, Kilpatrick Townsend’s ITC Team is uniquely qualified to handle both ITC offenses and defenses, having successfully won or settled more than 32 ITC investigations, with 12 going to trial. Our in-depth technical knowledge and patent litigation experience allow us to quickly understand complex technology and legal issues to provide effective advice and representation to clients lodging or facing ITC investigations. Likewise, we thoroughly understand the unique environment of the ITC — its critical distinctions from U.S. District Courts, its practices and procedures, and how to successfully navigate its fast-paced environment.

We serve as counsel for leading domestic and international companies, offering a deep familiarity with international business practices — particularly in Asia — in these far-reaching, business-critical investigations. To give our clients an extra advantage, our attorneys stay abreast of rapidly-evolving trends in the ITC, including addressing non-practicing entities, navigating standard-essential patents, and confronting domestic industry requirements.

We have gathered these key ITC developments in a one-page summary linked here.