Patexia Insight 231: MOFCOM Names Winning U.S. Law Firms for ITC 337 Investigation Work
The International Trade Commission’s (ITC) Section 337 investigations have long been a critical tool for addressing unfair trade practices and safeguarding intellectual property rights in the United States. As these cases grow more prominent in the global trade landscape, the call for legal expertise to handle their sophisticated demands has intensified. Recently, the Ministry of Commerce of the People’s Republic of China (MOFCOM) announced the results of a competitive bidding process to establish a specialized law firm database for trade remedies and trade barriers, including ITC Section 337 cases. The MOFCOM initiative recognized several top-performing U.S. law firms for their ability to deliver exceptional legal services in ITC cases. This effort underscores the international significance of these investigations and the role U.S. law firms play in shaping their outcomes.
As trade disputes increasingly transcend borders, understanding the key players and emerging trends in ITC litigation is more critical than ever. At Patexia, we’ve been at the forefront of analyzing ITC Section 337 cases, and our upcoming Patexia ITC Section 337 Intelligence Report will offer unparalleled insights into the law firms, attorneys, and companies shaping this space. In this article, we’ll examine recent trends in ITC investigations, explore MOFCOM’s list of top-performing U.S. law firms, and show how our report can provide a competitive edge for legal professionals and businesses alike.
The filing activity for ITC Section 337 investigations over the past six years reveals notable trends. As shown in the chart above, the number of cases filed each year has fluctuated, reflecting the evolving dynamics of global trade and intellectual property disputes. From 2019 to 2022, there was a steady rise in filings, culminating in a peak of 79 cases in 2022. However, filings experienced a sharp decline in 2023, dropping to 50 cases—the lowest in the observed period. This dip was followed by a rebound in 2024, with 72 cases filed, signaling a resurgence in activity. These trends underscore the dynamic nature of ITC Section 337 investigations, influenced by factors such as changes in trade policies, industry-specific disputes, and broader economic conditions.
While the total number of Section 337 investigations is relatively modest compared to district court patent litigation or other forms of IP disputes, their impact is far-reaching. These cases often involve high-profile disputes between global industry leaders and can lead to significant consequences for companies’ operations, product offerings, and market strategies. Take, for example, the recent ITC ruling involving Apple and Masimo Corporation. This case highlights two key aspects of ITC investigations: their ability to swiftly enforce intellectual property rights and their influence on product innovation and availability. The dispute centered on patented light-based pulse oximetry technology used in Apple Watch models, particularly those offering blood oxygen monitoring capabilities. Following the ITC's determination of infringement, Apple was compelled to make substantive modifications to its products for the U.S. market. By removing the blood oxygen monitoring feature from the Apple Watch Series 9 and Ultra 2 models, Apple ensured compliance with the ITC's exclusion and cease-and-desist orders. Unlike district court cases, which can take years to resolve, ITC proceedings are designed to deliver timely resolutions, making them a powerful tool for addressing IP disputes in rapidly evolving industries like technology.
MOFCOM’s recent announcement further underscores the international dimensions of ITC Section 337 investigations and the growing importance of specialized legal expertise in this field. The Ministry’s 2024 process established a specialized law firm database aimed at addressing trade remedies and barriers, with a strong emphasis on ITC Section 337 cases. The initiative seeks to enhance the quality and efficiency of legal services provided to Chinese enterprises involved in these disputes, including tasks such as the collection, organization, and translation of relevant materials, as well as providing legal analyses and written opinions. This is not new for MOFCOM, as it has consistently sought to equip Chinese companies with the resources needed to succeed in international trade disputes. By engaging top-tier U.S. law firms, MOFCOM ensures that Chinese enterprises are well-prepared to address challenges in ITC Section 337 investigations.
The process itself is rigorous, with evaluation criteria to ensure that the most qualified law firms are selected. Firms are required to demonstrate their expertise in handling trade remedy cases and their ability to collaborate effectively with MOFCOM and other law firms. The law firms selected through this process are integral in advising Chinese companies on how to respond to U.S. trade barriers, including Section 337 investigations, and ensuring that their interests are defended in line with international trade laws. By fostering such partnerships, MOFCOM aims to strengthen China’s position in global trade, ensuring that its companies are not only compliant with international regulations but are also proactive in safeguarding their market interests. Here is the list of the U.S. law firms recognized by MOFCOM for their expertise in Section 337 investigations:
| Law Firm | Overall Score |
|---|---|
| Perkins Coie LLP |
82.79 |
| Crowell & Moring LLP | 75.97 |
| Steptoe LLP |
67.66 |
| Mei & Mark LLP | 54.29 |
| Squire Patton Boggs (US) LLP |
36.44 |
| Singapore Demaoxin Law Firm | 31.25 |
| Faegre Drinker Biddle & Reath LLP |
30.84 |
These article’s insights are sourced from data from the upcoming 2025 ITC Intelligence report by Patexia, a comprehensive data-based report on the best performing and most active ITC Section 337 attorneys, law firms, and companies.
It is often used by legal professionals seeking to distinguish themselves on a market, businesses selecting their right legal counsel, and showcases attorneys and firms that represent key players in their respective categories.
How is ITC Section 337 analytics made possible?
Patexia collects real-time data from all ITC filings, including trends in case activity, types of investigations, outcomes such as exclusion orders, cease-and-desist orders, and settlement results. The report also ranks law firms, attorneys, and companies involved, spotlighting the top performers in Section 337 cases. The collected data is then processed using statistical techniques and machine learning to provide accurate, up-to-date insights that are available in the forms of the annual report and subscription to interlinked data.
You can learn more details on the report and here, whereas ITC Section 337 data is accompanied by other IP intelligence reports in the areas of Patent, ANDA, PTAB litigation, and more.