Jordan Coyle is a leading intellectual property lawyer with deep expertise in Section 337 investigations before the International Trade Commission (ITC). Based in Washington, D.C., Jordan is a partner in the firm's Intellectual Property practice and a member of the firm's Technology Industry group.
Section 337 investigations pose an enormous risk. Without proper counsel, the speed, complexity and potential cost can overwhelm companies and drain precious resources. Having handled nearly 60 such investigations, Jordan understands those risks, and how to safely and efficiently guide complainants, respondents and non-parties toward the best possible result.
Clients who enlisted Jordan's help recently reported to Chambers USA that "you can trust he will be in the weeds and is able to spot untenable positions taken by the opposition" and that "he is a very capable attorney and he knows the procedural details of ITC investigations." He is recognized by Chambers USA as an Up and Coming Lawyer for International Trade: Intellectual Property (Section 337), and The Legal 500 also described Jordan as "the heart of the practice", who "offers a wealth of ITC experience and knowledge, while maintaining a level of responsiveness and approachability that is second to none." He's managed all aspects of Section 337 investigations, including 14 trials, from pre-complaint counseling and diligence to Federal Circuit appeals. The investigations have covered technologies including smartphones, tablets, televisions, flash memory, semiconductors, and medical devices.
He also represents plaintiffs and defendants across the country in cases involving claims of patent, trademark and copyright infringement, trade secret misappropriation and violations of the Digital Millennium Copyright Act.
Prior to and during law school, Jordan was an Honors Paralegal and Law Clerk in the Federal Trade Commission's Bureau of Competition, where he assisted attorneys and economists in Hart-Scott-Rodino investigations in diverse industries, including pharmaceuticals, consumer products and energy.
Some of Jordan's representative Section 337 engagements include the following:
- Earned a general exclusion order on behalf of a major consumer goods company combating importation of knock-off products that infringed their trademark rights and posed a potential health risk to Americans.
- Defeated institution of investigation involving claims that the importation of certain dietary supplements violated the Lanham Act and the FDCA; the Federal Circuit affirmed this extremely rare result on appeal.
- Won a finding of no violation on behalf of all respondents in a patent-infringement investigation involving electrical connectors; result affirmed on appeal.
- Earned a limited exclusion order and cease and desist order on behalf of a major consumer electronics company against a Fortune 10 competitor.
- Won terminations without settlement for respondents in multiple patent infringement investigations involving technologies including televisions, modular display panels, LEDs, eWriters, and other electronic devices.
- Won termination without settlement for respondents in investigation of alleged trade secret misappropriation.
- Won a modification proceeding on behalf of a respondent that redesigned its off-road vehicle, mooting an exclusion order only two months after the expiration of the Presidential review period.
- Won a finding of no violation in an investigation involving alleged infringement by certain video game systems; finding affirmed in precedential Federal Circuit opinion.
- Obtained dismissal on summary determination of vigorously-contested patent misuse defense in an investigation involving e-readers.
- Secured efficient resolution of investigations through consent orders.
- Regularly advises recipients of subpoenas issued in Section 337 investigations on compliance, negotiating the scope of the subpoenas, and drafting motions to quash, oppositions to motions seeking enforcement, and enforcement briefing in United States District Courts.
- Advised members of a trade association regarding the potential effects a precedent-setting question of ITC jurisdiction could have on their businesses, their exposure to Section 337 investigations, and the availability of the ITC as a forum for them to assert their own Section 337 claims.
Some of Jordan's other representative engagements include the following:
- Represented intervenor in suit filed under the Administrative Procedure Act against the United States Patent and Trademark Office based on decisions made by the Patent Trial and Appeal Board in an inter partes review established by the America Invents Act; court dismissed complaint.
- Obtained transfer of patent infringement case from the Eastern District of Texas to the Southern District of New York and then dismissal of the suit due to lack of standing.
- Obtained dismissal of contract claim brought in New York state court due to lack of personal jurisdiction and then obtained dismissal of similar complaint brought in the Southern District of New York based on lack of personal jurisdiction and failure to state a claim.
- Secured antitrust clearance through the U.S. Federal Trade Commission of a global acquisition that created the world's largest technical ceramics manufacturer. Secured antitrust clearance through the U.S. Federal Trade Commission of a global joint venture that created one of the world's largest integrated manufacturers and sellers of styrene and polystyrene plastics.
- Obtained a dismissal without settlement on behalf of a high-end, international clothing and accessories boutique of a complaint brought under the Fair and Accurate Credit Transactions Act (FACTA).
Guest Lecturer, "Trade Secrets Law and Practice," Brooklyn Law School (January 2022)
Panelist, "Trending Topics in ITC Practice," Boston Bar Association (January 2022)
Panelist, "Redesigns: Strategies at the ITC and with CBP," ITC Trial Lawyers Association Annual Meeting (December 2021)
Moderator and panelist with Laura Najemy, Alaina Kwasizur (Sonos), and Saty Talati (Mahindra), "The ITC's New 'Interim ID' Pilot Program: Strategies and Words of Caution," Celesq AttorneysEd Center (October 2021)
Panelist, "Trade Secrets Protection, Enforcement, and Litigation," Sandpiper Partners LLC (October 2021)
Participant, "IP Cross Border Disputes Virtual Roundtable," JAMS (Sept. 2021)
Panelist, "ITC Section 337 Investigations: Trends and Significant Court Rulings in 2018," The Knowledge Group (January 2019)
Quoted, "ITC Helps Brands Crack Down on Counterfeits, but is Underused," Managing IP (August 13, 2020)
Named an Up and Coming Lawyer, Chambers USA: International Trade: Intellectual Property (Section 337) (2021-2023)
Band 4, Chambers Global: International Trade: Intellectual Property (Section 337) (2023)
Named a Leading Lawyer by The Legal 500 USA for Patent Litigation: ITC (2023)
Recommended by The Legal 500 USA for Patent Litigation: ITC (2020-2022)
Named a "Litigator of the Week" by The American Lawyer for a major ITC 337 victory, January 2022
Editor-in-Chief, American Criminal Law Review
Omicron Delta Kappa