January 26, 2023

Volume XIII, Number 26

Adam R. Hess

Adam Hess has more than 25 years of experience representing clients in intellectual property (IP) litigation and counseling clients on IP matters involving a wide array of technologies.

Adam serves as lead counsel in federal district court litigation, in Section 337 investigations at the US International Trade Commission (ITC) and in international arbitration, including before the International Chamber of Commerce (ICC) in Europe and before several US arbitration bodies.

He has significant experience in Section 337 investigations at the ITC.  Recently, he obtained a General Exclusion Order after a series of ITC investigations relating to adjustable height desks.  He also represents clients responding to subpoenas related to ITC investigations. He works with Customs and Border Protection on matters concerning the enforcement of ITC exclusion orders, both on behalf of successful Complainants and on behalf of companies seeking to import products that are outside the scope of existing Exclusion Orders.

Adam regularly writes and speaks on matters related to Section 337 investigations at the ITC.  In 2011 he was part of a group from the ITC Trial Lawyers Association that travelled to China to make presentations in numerous Chinese cities on conducting Section 337 investigations.  He also speaks annually at IPO’s ITC Committee’s Advanced Practice Seminar.  

Recent ITC investigations include:

  • In re Certain Height-Adjustable Desk Platforms (Inv. No. 337-TA-1125)
  • In re Certain Height-Adjustable Desk Platforms (Inv. No. 337-TA-1054)
  • In re Certain Krill Oil Products (Inv. No. 337-TA-1019)
  • In re Certain Height-Adjustable Desk Platforms (Inv. No. 337-TA-992)
  • In re Certain Height-Adjustable Desk Platforms (Inv. No. 337-TA-970)
  • In re Certain Laser Abraded Denim Garments (Inv. No. 337-TA-930)
  • In re Certain Beverage Brewin Capsules (Inv. No. 337-TA-929)

Adam also counsels US, Asian and European clients on IP portfolio development, management, licensing, due diligence and patent prosecution across a range of industries. He has helped start-up and smaller companies to become dominant in their industries by creatively developing and monetizing valuable IP portfolios.  Adam has represented many Japanese companies, including in litigation, and regularly speaks on IP topics to Japanese organizations, including the Japan Intellectual Property Association and the Japan External Trade Organization.   

Articles in the National Law Review database by Adam R. Hess