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ITC Intelligence 2021

  • IP LITIGATION
Publication date: Mar 18, 2021

ITC Intelligence 2021

Publication date: Mar 18, 2021

Release Date: March 18th, 2021
For the 2020 ITC Report, click here.

Although in terms of volume of patent cases, Section 337 of the International Trade Commission (ITC) is not comparable to district courts, ITC is still a great tool, leveraged by the companies to protect their market share in the US. The ITC cases are often at a much faster pace compared to district court cases and cost about the same or even more. 

Pandemic and possibility of remote trial for the ITC (which may not be available for most district courts) has made it the preferred choice for some companies as they are confident that they can have a trial within the timeline provided by ITC.

Over the past year, the ITC Section 337 has become more active. In 2020, we saw a double-digit growth in the number of ITC investigations.

The estimated market for Section 337 of ITC is between $500 million to $750 million per year. Each case on average may cost the company between $4 million to $6 million, which is quite comparable to district court cases, but the company has to make that investment in about 12 months as opposed to district court cases, which is normally over a course of 2-3 years. Because of this, ITC cases are often more labor-intensive.

Our second ITC Intelligence Report, released in March of 2021, covers ITC cases filed under Section 337 between January 1, 2015, to December 31, 2020. 

We have looked at all the attorneys, law firms and companies involved in Section 337 ITC cases over the last six years and have ranked them based on performance and activity. 

We have calculated the performance and activity scores and have ranked the top 100 attorneys, law firms and companies in different categories based on performance and activity (similar to our other reports, the extended Excel file that comes with the report, covers all companies, law firms and up to 1,000 most active ITC attorneys as well as their top 3 clients).

This year, for the first time, we have also included a section reviewing the important lateral moves that took place between late 2019 and early 2021. This includes firms that were formed or expanded by opening a new office in DC for ITC cases.

Some interesting facts about this report include the followings:

  • Since 2015, 335 ITC Section 337 investigations have been filed, which includes 309 violation investigations.
  • 371 law firms have been involved at various capacities including representation of the complainants or respondents in one or more violation investigations.
  • 11,000+ professionals including 5,650 attorneys have worked on these cases.
  • 1,784 companies were named either as complainants or respondents. 
  • 969 patents were at the center of these 309 violation investigations

Similar to other reports, we will provide a Press Kit and the firms will be able to have a press release or publish the digital badges on their sites. 

Note: If you are interested in all our Intelligence Reports including ITC, IPR, Patent Litigation, CAFC, Trademark, ANDA Litigation and Patent Prosecution, consider Patexia Concierge Program which also provides your organization with online access to various stats related to all IP firms and attorneys.

WHY SHOULD MY LAW FIRM PURCHASE THIS REPORT?

  1. Many law firms and attorneys struggle to distinguish themselves in the growing ITC space, so we have evaluated about 400 law firms and 6,000 attorneys on activity and performance, enabling attorneys and practice groups to market themselves based on independent third-party rankings and proven results.
  2. You can use the statistics we have provided in the report to emphasize your strengths for potential clients.
  3. If you are ranked in the report, it means you or your firm are in the top 1 to 10 percentile in the respective category.

WHY SHOULD MY COMPANY PURCHASE THIS REPORT?

  1. Many companies struggle to find the right counsel when it comes to ITC. So we evaluated about 400 law firms and 6,000 attorneys on activity and performance, enabling companies to choose based on independent third-party rankings and proven records.
  2. When you consider the budget for outside counsel, the hourly rates some of the top attorneys charge, and the value of your intellectual property, we feel that the statistics and analysis provided in this report can provide valuable insights and be a part of your decision-making process.  
  3. The attorneys named in the report represent the top 1 to 2 percentile in their respective categories.
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