The popularity of the International Trade Commission in Washington, D.C. as a forum for patent disputes continues to surge. In 2007 there were 40 “337 claims”named for the section of the federal statute that authorized themrepresenting a 25 percent rise from 2006. It’s not hard to figure out why the forum has become so successful over the past several years. “The remedy it offers is unparalleled,” says Ruffin Cordell, a principal at Fish & Richardson, about an ITC exclusionary order that bars imported products that infringe U.S. patents from entering the country. “When someone wins an ITC case, the market responds, the customers are all watching. A victory has enormous repercussions.”

Fish & Richardson, representing clients in 13 investigations filed in 2007, including Microsoft Corporation and 3M Company, edged out international trade boutique Adduci Mastriani & Schaumberg (with 12) as the firm with the most ITC business in 2007. Cordell attributes the firm’s success to its nearly perfect track record. Cordell himself has handled 31 cases at the ITC in the last ten years; of those, eight cases went to trial, and he won all of the six that didn’t settle. What’s more, the firm’s practice was bolstered in September 2006 by the arrival of Jeffrey Whieldon, who formerly served as a supervisory attorney in the Office of Unfair Import Investigations for the ITC for nearly 20 years. At Fish, Whieldon has already been involved in more than a dozen investigations for clients.

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