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David H. Hollander

Special Counsel

[email protected]

+1.202.434.7443

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David is an intellectual property attorney who focuses his practice on International Trade Commission matters, including patent litigation, unfair trade investigations, Section 337 cases, and appeals. He draws on more than two decades of ITC experience, including in private practice and as a staff attorney, to represent both complainants and respondents. His clients range from small companies to large multinational corporations, including in the technology sector and automotive industry.

David has a broad spectrum of experience with complex ITC investigations involving a variety of allegations, including matters relating to the evolving "domestic industry" requirement. His practice also encompasses post-investigation enforcement proceedings and appeals from the ITC to the US Court of Appeals for the Federal Circuit. 

Prior to joining Mintz, David served as counsel to a firm that specializes in ITC matters. Earlier, he spent more than six years as an investigative attorney in the Office of Unfair Import Investigations at the ITC, where he developed extensive knowledge of the procedural and substantive nuances of Section 337 practice.

In addition to his practice, David is an adjunct faculty member of the Johns Hopkins Carey Business School, where he teaches a course in Business Law. He is also an editor and contributing author to an American Bar Association book entitled "A Lawyer’s Guide to Section 337 Investigations Before the U.S. International Trade Commission," now in its 4th edition.

viewpoints

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In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed.

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Late last month, the Supreme Court issued two opinions which seemingly shook up the field of administrative law.  As explained in this article, however, while both decisions bear significantly on certain administrative agencies, neither of these decisions are likely to present significant changes to Section 337 practice at the International Trade Commission. 

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The ongoing appeal by Apple against the ITC ruling in a Section 337 case could have significant implications for intellectual property law. Intellectual Property Chair Michael Renaud, Member Peter Snell, and Special Counsel David Hollander analyze Apple’s argument and the likely response from the CAFC, providing valuable insights into how this case may influence future disputes and IP strategies.

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Events & Speaking

Oct
29
2024

2024 International Trade Commission Trial Lawyers Association Fall Meeting

National Press Club 529 14th Street N.W. Washington, District of Columbia 20045

Co-chair
May
29
2024

16th Annual Practitioners' Think Tank on ITC Litigation & Enforcement

American Conference Institute - ITC Conference

Washington D.C.

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Publications

Recognition & Awards

  • Ranked by Patexia among Best Performing ITC Attorneys overall (2023)

  • Ranked by Patexia among the Most Active ITC Attorneys Representing Complainants (2023)

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Involvement

  • Member, American Bar Association
  • President, ITC Trial Lawyers Association
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