• Section 337 Investigations and U.S. International Trade Commission (ITC)

  • Customs and Border Protection Enforcement

Foster, Murphy, Altman & Nickel, PC is a premier boutique law firm concentrating its practice on Section 337 investigations before the U.S. International Trade Commission (“ITC”), as well as judicial review and Customs and Border Protection enforcement of orders issued pursuant to Section 337. With some 40 years of experience, the firm has appeared in more than 200 Section 337 investigations since 1974, when the modern version of Section 337 was adopted, representing over 18% of the Section 337 investigations filed during this period.

Section 337 litigation involves primarily allegations of patent, trademark, trade dress, and copyright infringement and misappropriation of trade secrets, as well as other forms of unfair competition involving imports from foreign countries.

The firm represents both domestic and foreign companies as complainants and respondents in these fast-paced, often bet-the-company investigations.

The firm members are nationally and internationally recognized and ranked in Chambers & Partners, Managing Intellectual Property, Legal 500 and Best Lawyers. David Foster, Barbara Murphy, James Altman, and David Nickel are each past-Presidents of the ITC Trial Lawyers Association. James Altman is a former Chair of the AIPLA ITC Committee. With their extensive experience, Foster Murphy lawyers are able to provide the high-level of expertise, judgment, litigation skills, and knowledge about the ITC procedures, personnel, and substantive law that is vital to successfully litigate Section 337 matters.

The firm often partners with other law firms, (in many cases the client’s existing IP counsel) on Section 337 matters, creating litigation teams that are both highly successful and efficient for clients.

Meet the Team