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 whose abilities have led to her recognition in Chambers USA and Intellectual Asset Management’s Patent 1000 as being amongst the top ITC practitioners in the field.

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 Forum on ITC Litigation and Enforcement, 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.”

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.

representative matters
  • Micromesh Technology Corp. v. VF Corp. Lead counsel for VF Corp. in a patent infringement suit. Plaintiff dismissed the suit with prejudice. CA No. 2:06-CV-422 (E.D. Tex.).

    Representative ITC investigations handled by Ms. Sundeen include:

  • Certain Computers and Computer Peripheral Devices, 337-TA-841.  Ms. Sundeen represented Hewlett-Packard in defending its computers, laptops and printers from claims of patent infringement made by Technology Properties Limited, LLC, concerning patents directed to memory card readers.
  • Certain Electric Fireplaces, Components Thereof, and Manuals for Same, Processes for Manufacturing or Relating to Same, and Products Containing Same, 337-TA-826 and Certain Electric Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same, 337-TA-791.  Ms. Sundeen was lead counsel for Jason Yue in defending against claims of trade secret misappropriation and breach of contract.
  • Certain Devices with Secure Communication Capabilities, Components Thereof, and Products Containing Same, 337-TA-818.  Ms. Sundeen was ITC counsel for Apple in a case brought by VirnetX, Inc.
  • Certain Digital Photo Frames and Image Display Devices and Components Thereof, 337-TA-807.  Ms. Sundeen represented Sony in defending against claims of patent infringement by Technology Properties, LLC.
  • Certain Mobile Telephones and Modems, 337-TA-758.  Ms. Sundeen represented Sony in a patent infringement action against LG concerning patents relating to cell phones.
  • 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 was 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.  

bar and court admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the District of Columbia
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of International Trade
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Columbia
  • U.S. Patent and Trademark Office
1500 K Street, NW
Washington, DC 20005-1257
T 1.202.220.4292
F 1.202.220.4201
EDUCATION
J.D., Case Western Reserve University, 1981
B.S., Chemistry, Marquette University, 1976