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9 December 2021PatentsAlex Baldwin

Merchant & Gould opens new Section 337 group

Merchant & Gould has launched a new US International Trade Commission (ITC) litigation group specialising in Section 337 investigations.

The group will sit within the US IP firms litigation practice and serve clients across all industries on both patent and non-patent issues, including trademark, trade dress, false advertising and trade secrets.

Christopher Leonard, managing director and CEO of Merchant & Gould said: “ITC investigations require a variety of IP specialisations, and we have a deep team of IP all-stars who understand the complexity of this area, as we move into a more interconnected world.

“This distinctive insight and experience will be invaluable to our clients who are protecting their brands and businesses across the world while balancing different trade issues.”

The group will be organised in Merchant & Gould’s Washington, DC area office but will collaborate with all seven of the firm’s US offices.

‘Navigating deep waters’

The establishment of this group comes at an “extremely busy” period for the ITC, with an increasing number of investigations and complaints, says Joshua Hartman, partner at Merchant & Gould.

He added: “Relationships among the US and other economies are growing tighter; and the COVID pandemic accelerated reliance on online marketplaces, increasing the risk of unfair competition from imports.

“Products are also more and more complex, as innovation progresses; and with global supply chains, products are made through contributions from many places. To protect intellectual property, businesses are looking outward, and that’s when Section 337 can provide solutions.

“Fast action is critical in this part of the IP mix. Thankfully, the rapid resolution in front of the ITC is also fast-paced, bringing clients quick relief when it matters most. But you have to know how to navigate deep waters—almost like using a battleship as a speed boat.”

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