In private practice, Spence has appeared in ITC Section 337 matters for some of the world’s largest and most sophisticated corporations. He has represented prominent high-tech clients in complex non-ITC proceedings. But Spence is also experienced in representing smaller companies, for whom the stakes are often the highest.
Some of the more noteworthy Section 337 investigations (from a legal issue perspective) in which Spence has participated are listed below:
Certain Acid-washed Denim Garments and Accessories, Inv. No. 337-TA-324 (successfully argued that the Commission, once it has determined to review an Administrative Law Judge's initial determination, should review the factual portions of the determination de novo rather than under a "clearly erroneous" standard).
Certain Agricultural Tractors under 50 Power Take-off Horsepower, Inv. No. 337-TA-380 (successfully argued that, in a gray market trademark case, "material differences" between the U.S.-authorized and gray market goods can include foreign language labels on the imported goods).
Certain Baseband Processor Chips and Chipsets, Transmitter and Receiver (Radio) Chips, Power Control Chips, Inv. No. 337-TA-543 (history-making remedy and public interest case).
Certain Carrier Materials Bearing Ink Compositions to Be Used in a Dry Adhesive-free Thermal Transfer Process and Signfaces Made by Such a Process, Inv. No. 337-TA-294 (successfully negotiated the payment of the Commission's first-ever civil penalty).
Certain Cast Steel Railway Wheels, Inv. No. 337-TA-655 (in a trade secrets case, successfully argued that the Commission may find that a domestic industry exists that is threatened with substantial injury, even though no domestic manufacturer is currently practicing the protected process, where there are domestic production and sales of products that are targeted by the respondents' unfair acts).
Certain Digital Satellite System (DSS) Receivers, Inv. No. 337-TA-392 (first case where a complainant -- and OUII -- successfully argued that there was a domestic industry based solely on complainant's patent licensing activities).
Certain Electronic Devices, Including Wireless Communication Devices, Inv. No. 337-TA-794 (represented Apple in its defensive ITC action against Samsung, an important piece of the global Apple-Samsung smartphone dispute, which was litigated to final decisions by the ITC and the U.S. Trade Representative).
Certain Hardware Logic Emulation Systems, Inv. No. 337-TA-383 (successfully argued that a Commission cease and desist order should cover electronic transmissions coming from outside the United States).
Certain Lens-Fitted Film Packages, Inv. No. 337-TA-406 (precedent-setting investigation in several areas, including patent exhaustion, due process, and the repair/reconstruction doctrine).
Certain Microsphere Adhesives, Process for Making Same, and Products Containing Same, Including Self-stick Repositionable Notes, Inv. No. 337-TA-366 (successfully argued that, in order to establish a domestic industry, a complainant does not have to practice the asserted claims of the patent at issue as long as it practices at least one claim of the patent).
Certain Neodymium-Iron-Boron Magnets, Inv. No. 337-TA-372 (successfully argued that the ITC has the authority to impose civil penalties for violations of a consent order to the same extent that it does for violations of a cease and desist order).
Certain Plastic Encapsulated Integrated Circuits, Inv. No. 337-TA-315 (led a team that brought and litigated a self-initiated (i.e., OUII-initiated) enforcement proceeding against a respondent for violations of a Commission cease and desist order).
Certain Recombinantly Produced Human Growth Hormones, Inv. Nos. 337-TA-358, 603-TA-11 (supervised OUII's conduct of a specialized preliminary investigation under Section 603 of the Trade Act of 1974, 19 USC §2482).
Certain Sputtered Carbon Coated Computer Disks and Products Containing Same, Including Disk Drives, Inv. No. 337-TA-350 (successfully argued that Section 337 covers products that are made by a patented process in the United States, then exported, placed into a downstream device abroad, and subsequently reimported).