Successfully Navigating the Ins and Outs of the ITC Section 337 Investigations

Adam J. Moore is an Associate Principal in the Intellectual Property Practice at Charles River Associates and has applied his financial and economic expertise to a broad range of IP litigation, valuation, and transactional matters. He has evaluated domestic industry and other economic issues in Section 337 Investigations on behalf of both Complainants and Respondents in a variety of industries, including medical devices, consumer products and services, automobiles, electronic devices, industrial tools, and software. His IP litigation experience includes the development of complex financial models to determine economic damages, including lost profits, reasonable royalties, and unjust enrichment.

Adam also has experience with valuation and strategy assignments dealing with licensing and M&A transactions. His experience includes all types of IP assets, including patents, trade secrets, trademarks, and copyrights.

Tony V. Pezzano is a Principal in the New York offices of Offit Kurman. Tony has successfully tried numerous cases in federal district courts and the ITC involving technology innovation across a diverse range of industries, including consumer, recreational and pharmaceutical products, chemical and petroleum products and processes, wireless telecommunication devices and equipment, computer software, hardware and systems, audio and video products and printing engines and systems. Tony has obtained both injunctions on behalf of his clients in federal district courts as well as exclusion and cease and desist orders in ITC Section 337 investigations. Tony is Past President (2009) of the ITC Trial Lawyers Association.

Cyrus Frelinghuysen focuses his practice on intellectual property and trade matters, concentrating in particular on unfair import (a.k.a., Section 337) investigations before the U.S. International Trade Commission (ITC). Cyrus has represented both complainants and respondents in all phases of Section 337 proceedings. The cases Cyrus has handled have involved a variety of technologies, such as telecommunications equipment, mobile devices, semiconductors, and pharmaceuticals. Cyrus has also advised clients on compliance and enforcement matters, including matters involving U.S. Customs and Border Protection (CBP), the Office of Foreign Assets Control (OFAC), and the Foreign Corrupt Practices Act (FCPA).