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Intellectual Property & 337 Actions

ITC Section 337 Investigations

ST&R attorneys are experienced in Section 337 cases and can act as a strong advocate in seeking swift and decisive remedies for IP infringement. The International Trade Commission is authorized under Section 337 to hear claims of infringement of U.S. patents or trademarks by imported articles. Many intellectual property owners choose the ITC because it can offer faster resolution of the infringement disputes than the federal courts and may provide a more effective remedy, such as an order to U.S. Customs to exclude the infringing articles, and “downstream” products containing the infringing articles, from entry into the U.S. The ITC may also issue cease and desist orders to the respondents, requiring them to stop selling any infringing articles that have already been imported into the U.S. An adverse outcome in the ITC can have serious and immediate consequences for the manufacturers, importers and retailers of accused products. 

Portfolio Evaluation and Intellectual Property Registration

Many companies are unaware of the full extent to which they can maximize the value of their existing intellectual property and protect it against infringement. We review companies' business materials and existing intellectual property portfolios to identify intellectual property assets and determine which property can be registered with the appropriate agencies, including the U.S. Patent & Trademark Office, the U.S. Copyright Office and their counterparts worldwide. We then register and maintain that intellectual property to ensure that the maximum protection afforded under the law is provided.

Distribution and Licensing Agreements

The introduction of intellectual property into new markets requires not only compliance with all applicable laws and regulations, but also the preparation of distribution and licensing agreements setting out the terms of any relationship with agents, distributors and/or licensees. We assist our clients in negotiating, drafting and recording distribution and licensing agreements to ensure that their intellectual property rights are preserved throughout the world.

Monitoring Services

The establishment of an extensive monitoring system represents one of the most effective ways in which intellectual property can be protected against infringement. We monitor international watch services to ensure that no trademarks or brand names dilutive to our clients' intellectual property are introduced into the marketplace. In addition, we are also monitor federal and international intellectual property laws and regulations so that our clients are aware of any significant changes that would impact their rights both today and tomorrow.

Enforcement Disputes

ST&R attorneys represent companies that are being called upon to defend their ownership and use of intellectual property. We work with our clients both nationally and internationally through the courts, international trade agencies, and government officials to ensure that their rights are recognized, and accorded the full weight of the law.

R. Brian  Burke
T: (212) 549-0158
  • ST&R
Gilbert Lee  Sandler
T: 305.894.1000
Founding Member
  • ST&R
Kristen S.  Smith
T: 202.730.4965
Member, Trade Remedies Practice Group Leader
  • ST&R


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