, a principal in the Washington, D.C., office of Fish & Richardson P.C., leads, manages and tries complex patent cases in U.S. district courts, from the Eastern District of Virginia to the Southern District of California, and the U.S. International Trade Commission (ITC). Experienced in all phases of litigation, his specialty is handling and trying cases at the ITC, having worked on nearly thirty Section 337 investigations, including more than a dozen trials. Mr. Sterba has received several accolades for his ITC trial experience, including having been named a Law360 International Trade Rising Star and having been recognized by The Legal 500 for his impressive ITC experience and track record. Beyond his trial work, he also has successfully argued a case to the U.S. Court of Appeals for the Federal Circuit obtaining complete vindication for a small business owner whose entire business had previously been permanently enjoined.
Since the Supreme Court restricted access to permanent injunctions in eBay v. MercExchange, LLC, more and more patent owners have flocked to the International Trade Commission (ITC) to pursue a Section 337 investigation in hopes of obtaining a coveted and comparable exclusion order. These investigations address unfair practices in import trade—many of which involve allegations of patent infringement—and often lead to exclusion orders preventing infringers from importing their goods into the United States. The ITC’s statutory duty compels prompt completion of these investigations, with matters often proceeding to a full evidentiary hearing less than a year after the complaint is filed. However, with the rapid rise of disputes in the ITC, the agency is under relentless pressure to develop new approaches to facilitate efficient resolution of its investigations.