Jordan Coyle

Partner

Washington, D.C.

ITC's Amended Section 337 Rules Streamline Investigations

Orrick’s Jordan Coyle and Diana Szego Fassbender co-authored an article on the U.S. International Trade Commission’s long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act.

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.

Legal 500 recently 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 eight 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.

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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.

Engagements
Some of Jordan's representative Section 337 engagements include the following:
- Obtained a finding of no violation of Section 337 on behalf of respondents in a Section 337 investigation involving alleged infringement by certain video game systems; finding upheld on appeal to the Federal Circuit.
- Obtained dismissal on summary determination of vigorously-contested patent misuse defense in a Section 337 investigation involving e-readers.
- Obtained a termination without settlement on behalf of respondents in a Section 337 investigation involving alleged infringement of certain light emitting diode and laser diode patents.
- Obtained a termination without settlement on behalf of respondents in a Section 337 investigation involving alleged infringement of certain electronic device patents.
- Regularly advise recipients of subpoenas issued in Section 337 investigations, advising them on compliance, negotiating the scope of the subpoenas with counsel for the serving party, and drafting motions to quash, oppositions to motions seeking enforcement, and enforcement briefing in United States District Courts.
- Advised members of a trade association regarding the potential effects a precedent-setting question of ITC jurisdiction could have on their businesses, their exposure to Section 337 investigations, and the availability of the ITC as a forum for them to assert their own Section 337 claims.
Some of Jordan's other representative engagements include the following:
- Represented intervenor in suit filed under the Administrative Procedure Act against the United States Patent and Trademark Office based on decisions made by the Patent Trial and Appeal Board in an inter partes review established by the America Invents Act; court dismissed complaint.
- Obtained transfer of patent infringement case from the Eastern District of Texas to the Southern District of New York and then dismissal of the suit due to lack of standing.
- Obtained dismissal of contract claim brought in New York state court due to lack of personal jurisdiction and then obtained dismissal of similar complaint brought in the Southern District of New York based for lack of personal jurisdiction and failure to state a claim.
- Secured antitrust clearance through the U.S. Federal Trade Commission of a global acquisition that created the world's largest technical ceramics manufacturer. Secured antitrust clearance through the U.S. Federal Trade Commission of a global joint venture that created one of the world's largest integrated manufacturers and sellers of styrene and polystyrene plastics.
- Obtained a dismissal without settlement on behalf of a high-end, international clothing and accessories boutique of a complaint brought under the Fair and Accurate Credit Transactions Act (FACTA).
Jordan also actively provides pro bono legal services, including the following representative engagements:
- Drafted amicus brief on behalf of Major Cities Chiefs Association, a professional association of Chiefs and Sheriffs representing the largest cities in the United States, Canada and the UK, in a state supreme court appeal regarding the negligent sale of a firearm by a pawn shop.
- Representing political asylee seeking permanent resident status in the United States, including litigating her mandamus petition in federal district court.
- Advised an international non-profit organization on the protection of its trade secrets, including drafting a template non-disclosure agreement.
- Obtained a restraining order on behalf of a domestic violence victim.
Representative Section 337 investigations in which Mr. Coyle represented complainants or respondents:
- Certain Hand Dryers and Housings for Hand Dryers; Inv. No. 337-TA-1015
- Certain Surgical Stapler Devices and Components Thereof; Inv. No. 337-TA-985
- Certain Consumer Electronics and Display Devices with Graphics Processing and Graphics Processing Units Therein; Inv. No. 337-TA-932
- Certain Formatted Magnetic Data Storage Tapes and Cartridges Containing Same; Inv. No. 337-TA-931
- Certain Integrated Circuits and Products Containing the Same; Inv. No. 337-TA-920
- Certain Point-to-Point Network Communication Devices and Products Containing Same; 377-TA-892
- Certain Silicon Microphone Packages and Products Containing Same; Inv. No. 337-TA-888
- Certain Consumer Electronics with Display and Processing Capabilities; Inv. No. 337-TA-884
- Certain Electronic Devices Having a Retractable USB Connector; 337-TA-843
- Certain Silicon Microphone Packages and Products Containing Same; 337-TA-825
- Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same; Inv. No. 337-TA-824
- Certain Semiconductor Chips with DRAM Circuitry, and Modules and Products Containing Same; Inv. No. 337-TA-819
- Certain Handheld Electronic Computing Devices, Related Software and Components Thereof; Inv. No. 337-TA-769
- Certain Video Game Systems and Controllers; Inv. No. 337-TA-743; Motiva, LLC v. Int'l Trade Comm'n, No. 12-1252 (Fed. Cir. May 13, 2013)
- Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software; Inv. No. 337-TA-724
- Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same; Inv. No. 337-TA-674
- Certain Electronic Devices, Including Handheld, Wireless Communications Devices; Inv. No. 337-TA-667
- Certain Short-Wavelength Light Emitting Diodes, Laser Diodes and Products Containing Same; Inv. No. 337-TA-640
Representative Section 337 investigations in which Mr. Coyle represented non-party subpoena recipients:
- Certain Activity Tracking Devices, Systems, and Components Thereof; Inv. No. 337-TA-963
- Certain Network Devices, Related Software and Components Thereof (II); Inv. No. 337-TA-945
- Certain Network Devices, Related Software and Components Thereof (I); Inv. No. 337-TA-944
- Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated Circuits; Inv. No. 337-TA-906
- Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof; Inv. No. 337-TA-868
- Certain Communication Equipment, Components Thereof, and Products Containing the Same, Including Power Over Ethernet Telephones, Switches, Wireless Access Points, Routers, and Other Devices Used in WLAN, and Cameras; 337-TA-817
- Certain Wireless Devices with 3G Capabilities and Components Thereof; 337-TA-800