Orrick Lawyer Authors Corporate Counsel Article on Section 337 Litigation Statistics

Corporate Counsel
June.01.2016

Orrick's Jordan Coyle authored an article in Corporate Counsel entitled "Making Sense of Section 337 Litigation Statistics at the ITC." The article examines the International Trade Commission's recently released statistics on Section 337, a trade act passed to protect industries in the United States from unfair foreign competition. Below is an excerpt from the article.

After reaching a zenith of 78 new complaints and ancillary proceedings in 2011, Section 337 activity has leveled off at an average of 51 new cases annually from 2012-2015, which is comparable to its annual average of 48 new cases in 2008-2010. Various factors may have caused the fluctuation in Section 337 activity. The U.S. Supreme Court’s 2006 eBay decision, which heightened the standard for obtaining an injunction in a patent infringement case in district court, may have started driving patentees to the ITC, where an injunction (in the form of an exclusion order) is the standard remedy. Complaint filings likely spiked in 2011 due to the smartphone wars, and then returned to a more normal level as those disputes were resolved. The number of complaints could have remained higher except . . .

Authors

Jordan Coyle Partner, U.S. International Trade Commission, Patents

Washington, D.C. Office

See my bio

D: +1 202 339 8601
E: [email protected]

Practice:

Technology & Innovation Sector
U.S. International Trade Commission
Patents
Trademark, Copyright & Media
Trade Secrets Litigation
IP Counseling & Due Diligence

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See full bio

Jordan Coyle Partner

Washington, D.C. Office

Section 337 investigations pose an enormous risk. Without proper counsel, the speed, complexity and potential cost can overwhelm companies and drain precious resources. Having handled nearly 60 such investigations, Jordan understands those risks, and how to safely and efficiently guide complainants, respondents and non-parties toward the best possible result.

Clients who enlisted Jordan’s help recently reported to Chambers USA that "you can trust he will be in the weeds and is able to spot untenable positions taken by the opposition" and that "he is a very capable attorney and he knows the procedural details of ITC investigations." He is recognized by Chambers USA as an Up and Coming Lawyer for International Trade: Intellectual Property (Section 337), and The Legal 500 also described Jordan as “the heart of the practice”, who “offers a wealth of ITC experience and knowledge, while maintaining a level of responsiveness and approachability that is second to none.“ He’s managed all aspects of Section 337 investigations, including 14 trials, from pre-complaint counseling and diligence to Federal Circuit appeals. The investigations have covered technologies including smartphones, tablets, televisions, flash memory, semiconductors, and medical devices.

He also represents plaintiffs and defendants across the country in cases involving claims of patent, trademark and copyright infringement, trade secret misappropriation and violations of the Digital Millennium Copyright Act.

Prior to and during law school, Jordan was an Honors Paralegal and Law Clerk in the Federal Trade Commission's Bureau of Competition, where he assisted attorneys and economists in Hart-Scott-Rodino investigations in diverse industries, including pharmaceuticals, consumer products and energy.