Morgan & Finnegan has extensive experience presenting cases before the U.S. International Trade Commission, the forum used to decide disputes involving goods imported under Section 337 of the Tariff Act. ITC cases generally concern patent infringement that must be presented in an unusually short time frame, compared to a patent litigation in federal court. We understand what creates a successful ITC case, and combine a deep familiarity with patent law and the patent prosecution process underlying the patents in dispute, with a cogent evaluation of relevant technology to create an argument that crystallizes the issues. One example is our successful representation of Bombardier, Inc. against Yamaha before the ITC in a patent infringement suit concerning personal watercraft technology that is one of the largest ITC cases in history. We obtained a summary determination of noninfringement or lacking domestic industry in the United States necessary for ITC jurisdiction relating to five patents. Yamaha withdrew a sixth patent days before an evidentiary hearing. After a four-week trial on the remaining five asserted patents, Yamaha agreed to settle the ITC case and a related action brought by Yamaha in California involving 32 patents.
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