Marcia H. Sundeen

Marcia H. Sundeen

Click here to view Ms. Sundeen's bio in Chinese

Marcia H. Sundeen, Chair of the firm’s International Trade Commission (“ITC”) Practice, has the experience and advocacy skills that clients seek when their critical intellectual property assets are at issue. With more than 25 years of experience crafting litigation strategies that have facilitated client victories before the U.S. district courts and the ITC, Ms. Sundeen is an accomplished litigator who is recognized by Chambers USA as being amongst the top ITC practitioners in the field. She was also recognized as one of the Top Women Lawyers in the Northeast by Arrive magazine.

As a former ITC attorney, Ms. Sundeen gained her stature as one of the nation’s leading ITC attorneys by demonstrating an insider’s understanding of the Commission’s culture and an in-depth knowledge of the substantive and procedural complexities of Section 337 ITC actions. She is a former President of the ITC Trial Lawyers Association and a co-author and editor of the de facto treatise on Section 337, Unfair Competition and the ITC. Realizing the advantages to be derived from this level of experience and expertise, numerous clients have selected Ms. Sundeen to act as lead counsel in their ITC actions. Likewise, conference organizers around the world have invited Ms. Sundeen to speak at ITC-related conferences. Her recent speaking engagements include the American Conference Institute’s 2nd Expert Forum on ITC Litigation and Enforcement, where she spoke on “Coordinating Related Parties and Proceedings,” and LexisNexis’s 2nd Annual Pharma and Biotech Patent Conference 2010 in Shanghai, China, where she spoke on “Section 337 Actions and Preparing a Successful Defense.”

Recent ITC investigations handled by Ms. Sundeen include:

• Hybrid Electric Vehicles and Components Thereof, Case No. 337-TA-688 Ms. Sundeen acted as ITC counsel for Toyota against Paice’s allegations of infringement and assisted Toyota in obtaining a settlement.
• Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof, Case No. 337-TA-604 Ms. Sundeen led a team of Kenyon attorneys and successfully defended Hebei Sukerui against Tate & Lyle’s allegations of patent infringement, preserving Hebei Sukerui’s ability to import sucralose into the United States.
• Rubber Antidegradants, Components Thereof, and Products Containing Same, Case Nos. 337-TA-533 and 337-TA-652 Ms. Sundeen acted as lead counsel for Jiangsu Sinorgchem Co. in a series of cases brought by Flexsys America LP. In the first ITC investigation, Sinorgchem’s process was found not to infringe Flexsys’s patents. In the second ITC action, Flexsys’s complaint against Sinorgchem was summarily dismissed prior to any discovery. In the related District Court action, Sinorgchem’s process was again found not to infringe Flexsys’s patents.
• Click here to view a complete listing of ITC investigations handled by Marcia Sundeen.

Beyond litigation, Ms. Sundeen advises clients on global patent enforcement and prosecution strategies and represents clients before the U.S. Customs Service and the Office of the U.S. Trade Representative. In addition, she develops intellectual property and food and drug strategies for biomedical device and pharmaceutical companies and lectures on Hatch-Waxman issues. She has authored a number of legal and technical publications, and is a co-inventor on U.S. Patent No. 4,293,719.