ITC Litigation

Section 337 investigations are complex and fast-paced, and the potential outcome can have serious consequences for a global business. With one of the nation’s top ITC practices, Sterne Kessler offers unrivaled experience, comprehensive litigation strategy, and the legal and technical know-how to achieve the best possible results.

The U.S. International Trade Commission (ITC) has authority under Section 337 of the Tariff Act of 1930 to investigate unfair import practices, including violations of intellectual property (IP) rights. As a result, the ITC is a popular and effective forum for high-stakes, global disputes involving products imported into the United States. In the last five years, Sterne Kessler has handled more cases at the ITC than 90% of firms appearing before the Commission. We excel at handling the complexities of a Section 337 case due to our solid foundation of IP trial and technology experience, our deep understanding of administrative law, and the ITC’s unique rules and procedures. Our attorneys have successfully litigated nearly 50 investigations for clients that include Volkswagen, Juul, Wirtgen, and BTL Industries.

Experienced, Multidisciplinary Teams, with a Strong Client Focus

We have experience representing both complainants and respondents in Section 337 investigations, which typically involve allegations of patent or trademark infringement, misappropriation of trade secrets, and violations of antitrust laws. These cases are fast-moving and complex, with final decisions typically occurring within 15-18 months, and can quickly overwhelm in-house teams with limited resources. A hallmark of our practice is our client service and our ability to mobilize powerful teams at the outset of a case to identify issues and help you navigate the demands of discovery efficiently and cost-effectively. Our teams are led by highly regarded trial lawyers and staffed by technically trained IP lawyers to tailor a strategy to best position your company at the ITC and in parallel proceedings at the Patent Trial and Appeal Board or in U.S. District Courts. On the patent-enforcement side, we work closely with our clients to select the best patent assets for assertion at the ITC. In some cases, this means working with our Patent Prosecution team to review patent applications and write new claims in order to cover and therefore exclude competitor products. On the patent-defense side, we often collaborate with our award-winning Post Grant Practice to consider filing immediate petitions for USPTO review, including inter partes review, post grant review and reexamination to maximize our leverage against a patent enforcement action.

Clients also benefit from our proximity to the ITC and the reputation that we have built among the Administrative Law Judges, Commissioners, and other related government officials and agencies, including the Office of Unfair Import Investigations, U.S. Customs and Border Protection’s Intellectual Property Rights Branch, and the Office of the United States Trade Representative. We are also active members of the ITC Trial Lawyers Association, and our attorneys across all experience levels regularly participate in ITC-related bar activities.

Deep Technical Knowledge

Sterne Kessler’s technical bench is an unparalleled strategic advantage—we leverage our team of 100+ advanced degrees, including 60+ Ph.D.s., in science and engineering disciplines to quickly grasp complex technologies for accused products. We effectively explain complex technology and IP concepts to judges in a compelling way that increases the likelihood of a successful outcome.

Creative Strategies

The ITC can issue broad exclusion orders in Section 337 investigations that apply to all infringing products, barring them from being imported and sold in the United States. Companies facing the prospect of an exclusion order can often redesign their products so that they can continue to be imported and sold in the United States. Our team has particular experience and success with redesign at the ITC. We work with respondents at the start of the case to evaluate timing, expense, and other factors that impact introducing redesign into an investigation, including importation issues, and public-interest arguments. We partner with in-house teams to evaluate the complainant’s full patent portfolio to mitigate any potential infringement by the redesigned product. We also work closely with engineers, technical leads, and key business personnel to ensure the redesign meets the ITC’s four-part test to be adjudicated and put on an affirmative case of non-infringement. For complainants, we develop redesign defense plans early to address the issue head on if a redesign is introduced during the fast-moving discovery phase.

Whether you are asserting your patents or defending your products before the ITC, our team of experienced litigators and patent attorneys can help you manage these complex, fast-moving investigations and achieve the most favorable outcome for your business.

Awards & Rankings

  • Recognized for ITC litigation in 2023 Managing IP “IP Stars” guide
  • Team members recognized as standouts for ITC practice in Managing IP, IAM Patent 1000, Patexia’s ITC Intelligence Report

Related Resources

Webinar

ITC Section 337 Year in Review

February 28, 2024 2:00 PM - 3:00 PM PST

Webinar Recordings & Materials

ITC Section 337 Year in Review

February 28, 2024

Firm Announcements

Sterne Kessler and Patterson IP Law Team Up to Secure $12.9M Wirtgen Win Over Caterpillar

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In the News

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Bloomberg Law February 27, 2024

In the News

Caterpillar to Pay Wirtgen $12.9M in Damages After Patent Battle

Construction Briefing February 26, 2024

Bylined Articles

Rule and Procedural Developments at the ITC in 2023

Sterne, Kessler, Goldstein & Fox February 14, 2024

Bylined Articles

Looking Beyond Inventory Numbers to Secure a Cease and Desist Order

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Bylined Articles

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Bylined Articles

Data and Trends: ITC Cases Instituted in 2023, Case Flow and Outcomes, and ITC Operations

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Bylined Articles

Introduction (2023 ITC Section 337 Year in Review: Analysis & Trends)

Sterne, Kessler, Goldstein & Fox February 14, 2024

Reports

2023 ITC Section 337 Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox February 14, 2024

Press Release

Sterne Kessler Publishes 2023 ITC Section 337 Year in Review: Analysis & Trends Report

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Bylined Articles

PTAB Spotlight Series with Lestin Kenton

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Key 2023 PTAB Statistics

Sterne, Kessler, Goldstein & Fox February 8, 2024

Bylined Articles

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Bylined Articles

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Sterne, Kessler, Goldstein & Fox February 8, 2024

Bylined Articles

2023 Changes in Director Review

Sterne, Kessler, Goldstein & Fox February 8, 2024

Bylined Articles

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Sterne, Kessler, Goldstein & Fox February 8, 2024

Bylined Articles

2023 PTAB Year in Review: Editors’ Introduction

Sterne, Kessler, Goldstein & Fox February 8, 2024

Reports

2023 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox February 8, 2024

Press Release

Award-Winning PTAB Team Publishes 2023 PTAB Year in Review: Analysis & Trends Report

Sterne, Kessler, Goldstein & Fox February 8, 2024

In the News

PTAB Filings Drop Alongside Declining Patent Litigation

Law360 February 7, 2024

Bylined Articles

U.S. Court of Appeals for the Federal Circuit: New Chapters in Two Ongoing Sagas

Sterne, Kessler, Goldstein & Fox January 31, 2024

Bylined Articles

U.S. District Courts: Significant Design Patent Cases on District Court Docket in 2023

Sterne, Kessler, Goldstein & Fox January 31, 2024

Bylined Articles

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Sterne, Kessler, Goldstein & Fox January 31, 2024

Bylined Articles

An Introduction from the Editor – 2023 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox January 31, 2024

Reports

2023 Design Patents Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox January 31, 2024

Press Release

Sterne Kessler Publishes 2023 Design Patents Year in Review: Analysis & Trends Report

Sterne, Kessler, Goldstein & Fox January 31, 2024

Webinar

2023 Design Patents Year in Review: Analysis and Trends

January 30, 2024 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

2023 Design Patents Year in Review: Analysis and Trends

January 30, 2024

Bylined Articles

Data and Trends: AIA PTAB Appeals to the Federal Circuit (2023 Infographics)

Sterne, Kessler, Goldstein & Fox January 24, 2024

Press Release

Sterne Kessler Publishes Federal Circuit IP Appeals: Summaries of Key 2023 Decisions Report

Sterne, Kessler, Goldstein & Fox January 24, 2024

Reports

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

Sterne, Kessler, Goldstein & Fox January 22, 2024

Bylined Articles

Analyzing the ITC’s impending import ban on Apple watches

Reuters December 7, 2023

Webinar

Trade Secrets at the ITC

November 15, 2023 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

Trade Secrets at the ITC

November 15, 2023

Webinar

Redesign and Remedy at the ITC

November 7, 2023 11:00 AM - 12:00 PM PST

Speaking Engagement

Interview with Sterne Kessler’s Uma Everett

November 1, 2023 12:40 PM - 1:20 PM PST

Speaking Engagement

Patent Litigation Trends & Forecasts

October 25, 2023 10:30 AM - 11:15 AM PST

Webinar

Redesign and Remedy at the ITC

October 4, 2023 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

Redesign and Remedy at the ITC

October 4, 2023

Webinar

Strategic Use of the ITC as a Complainant

September 13, 2023 1:00 PM - 2:00 PM PST

Podcast Recording & Transcript

Meat & Potatoes Episode 224: Paul A. Ainsworth, Sterne Kessler

September 13, 2023

Webinar Recordings & Materials

Strategic Use of the ITC as a Complainant

September 13, 2023

Webinar

Minimizing Your Risk of Being Sued Before the USITC

July 19, 2023 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

Minimizing Your Risk of Being Sued Before the USITC

July 19, 2023

Speaking Engagement

Patent Remedies Panel

June 30, 2023 8:45 AM - 9:45 AM PST

Speaking Engagement

Young Lawyers Panel

May 30, 2023 3:00 PM - 3:30 PM PST

Bylined Articles

D.D.C. Enjoins Commission Sanctions Proceeding Premised on Constitutionally Infirm Protective Order

ITC Trial Lawyers Association's 337 Reporter May 26, 2023

In the News

Brita Lands Win at ITC Against Water Filter Rivals

Law360 February 28, 2023

Press Release

Sterne Kessler Publishes 2022 Design Patents Year in Review: Analysis and Trends Report

Sterne, Kessler, Goldstein & Fox February 17, 2023

Reports

2022 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox February 17, 2023

Bylined Articles

An Introduction from the Editor – 2022 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox February 17, 2023

Bylined Articles

ITC: Design Patents Continue to Outperform on Obtaining Remedies at the International Trade Commission

Sterne, Kessler, Goldstein & Fox February 17, 2023

Webinar

2022 Design Patents Year in Review: Analysis and Trends

February 15, 2023 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

2022 Design Patents Year in Review: Analysis and Trends

February 15, 2023

Press Release

Sterne Kessler Publishes Report Examining Key 2022 Federal Circuit Rulings on PTAB and ITC Appeals

Sterne, Kessler, Goldstein & Fox February 7, 2023

Reports

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox February 6, 2023

Bylined Articles

DBN Holding v. Int’l Trade Comm’n, 26 F.4th 1363 (Fed. Cir. 2022) (Moore, Newman, Reyna)

Sterne, Kessler, Goldstein & Fox February 6, 2023

Bylined Articles

Introduction – Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox February 6, 2023

Bylined Articles

Data and Trends: AIA PTAB Appeals to the Federal Circuit

Sterne, Kessler, Goldstein & Fox February 6, 2023

In the News

How Vidal Set the PTAB on a New Course in 2022

Law360 December 20, 2022

Webinar

SEPs at the ITC: Important Tool or Exercise in Futility?

December 15, 2022 11:00 AM - 12:00 PM PST

Speaking Engagement

Litigation Trends & Forecasts in 2023

October 11, 2022 9:45 AM - 10:30 AM PST

Bylined Articles

CAFC Dismisses Lashify Appeal for Lack of Jurisdiction over Non-Final Commission Determination

ITC Trial Lawyers Association's 337 Reporter July 7, 2022

Speaking Engagement

Is It Patentable? § 101 Considerations for Prosecution and Litigation

June 16, 2022 9:30 AM - 10:30 AM PST

Press Release

Super Lawyers Recognizes 14 Attorneys as 2022 “Super Lawyers” and “Rising Stars”

Sterne, Kessler, Goldstein & Fox May 1, 2022

Webinar

Preparing for PTAB and US ITC Appeals and Potential Litigation Processes

April 14, 2022 11:00 AM - 12:00 PM PST

Bylined Articles

Fintiv Continues To Take Center Stage: The Effect of Parallel Litigation at the PTAB in 2021

Sterne, Kessler, Goldstein & Fox March 7, 2022

Bylined Articles

IPR Estoppels: A Power Imbalance for Plaintiffs and Defendants

Sterne, Kessler, Goldstein & Fox March 7, 2022

Bylined Articles

Editors’ Introduction

Sterne, Kessler, Goldstein & Fox March 7, 2022

Press Release

Sterne Kessler Releases 2021 Design Patents Year in Review: Analysis and Trends Report

Sterne, Kessler, Goldstein & Fox March 2, 2022

Webinar

2021 Design Patents Year in Review: Analysis and Trends

March 1, 2022 1:00 PM - 2:00 PM PST

Webinar Recordings & Materials

2021 Design Patents Year in Review: Analysis and Trends

March 1, 2022

Reports

2021 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox March 1, 2022

Bylined Articles

US International Trade Commission: Design Patents Outperform on Obtaining GEOs

Sterne, Kessler, Goldstein & Fox March 1, 2022

Reports

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox February 3, 2022

Bylined Articles

Introduction – Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox February 3, 2022

Publication

Data and Trends: AIA PTAB Appeals to the Federal Circuit

Sterne, Kessler, Goldstein & Fox February 3, 2022

Bylined Articles

Qualcomm Inc. v. Intel Corp., 6 F.4th 1256 (Fed. Cir. 2021)

Sterne, Kessler, Goldstein & Fox February 3, 2022

PTAB Strategies and Insights

PTAB Strategies and Insights – January 2022

January 31, 2022

Bylined Articles

Federal Circuit Holds that Your Technical Expert Must be a POSA

Sterne, Kessler, Goldstein & Fox January 31, 2022

Bylined Articles

Considering IP Venue Selection Through Eyes of Historical Assertion Data

Westlaw Today January 4, 2022

Speaking Engagement

A Balanced Approach to IP Litigation and Forecasts for 2022

December 7, 2021 12:35 PM - 1:20 PM PST

MarkIt to Market®

MarkIt to Market® – November 2021

November 30, 2021

Bylined Articles

Watching the Pot™

Sterne, Kessler, Goldstein & Fox November 30, 2021

Speaking Engagement

PTAB and Administrative Validity Challenges Globally

October 18, 2021 12:45 PM - 2:15 PM PST

Speaking Engagement

A Balanced Approach to IP Litigation and Forecasts for 2022

September 23, 2021 10:00 AM - 10:45 AM PST

In the News

AbbVie Settles Patent Dispute Over Muscle Stimulation Tech

Law360 September 7, 2021

Speaking Engagement

The Litigation Landscape Post COVID

June 3, 2021 5:15 PM - 6:00 PM PST

PTAB Strategies and Insights

PTAB Strategies and Insights – May 2021

May 28, 2021

Bylined Articles

How The Board is Weighing the Fintiv Factors – A Tale of Three Petitions

Sterne, Kessler, Goldstein & Fox May 28, 2021

MarkIt to Market®

MarkIt to Market® – April 2021

April 29, 2021

Bylined Articles

Watching the Pot™

Sterne, Kessler, Goldstein & Fox April 29, 2021

Speaking Engagement

Litigating in Parallel: Fighting on Multiple Fronts

April 22, 2021 12:30 PM - 2:00 PM PST

In the News

Data: Counsel Shifting Design Patent Strategies to Cull Fakes

Managing IP March 29, 2021

In the News

Federal Circuit Backs Caterpillar Rival’s Patent Win

Law360 March 15, 2021

In the News

Caterpillar Loses Appeal of ITC Fight Over Construction Patents

Bloomberg Law March 15, 2021

Firm Announcements

Sterne Kessler Nominated for Five 2021 Managing IP Awards

Sterne, Kessler, Goldstein & Fox P.L.L.C. March 11, 2021

Speaking Engagement

Strategic Updates for Managing your Litigation Strategy

February 24, 2021 2:20 PM - 3:05 PM PST

Reports

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox January 26, 2021

Bylined Articles

Introduction — Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox January 26, 2021

Bylined Articles

Data and Trends: AIA PTAB Appeals to the Federal Circuit

Sterne, Kessler, Goldstein & Fox January 26, 2021

Bylined Articles

Mayborn Grp., Ltd. v. Int’l Trade Comm’n, 965 F.3d 1350 (Fed. Cir. 2020)

Sterne, Kessler, Goldstein & Fox January 26, 2021

Bylined Articles

Comcast Corp. v. Int’l Trade Comm’n, 951 F.3d 1301 (Fed. Cir. 2020)

Sterne, Kessler, Goldstein & Fox January 26, 2021

Press Release

Sterne Kessler Elects Three New Directors and Promotes Four Attorneys to Counsel

Sterne, Kessler, Goldstein & Fox January 13, 2021

Bylined Articles

A Powerful Weapon for Hardening a Patent Portfolio

Bloomberg Law January 11, 2021

Speaking Engagement

PTAB and Administrative Validity Challenges Globally

September 21, 2020 3:30 PM - 4:00 PM PST

Speaking Engagement

The U.S. Patent Landscape

September 15, 2020 11:35 AM - 12:35 PM PST

In the News

ITC Ruling Offers Chance For Infringer Reprieve From Import Bans

Bloomberg Law September 9, 2020

Press Release

Sterne, Kessler, Goldstein & Fox and 15 Directors Earn Top Rankings in IAM Patent 1000

Sterne, Kessler, Goldstein & Fox P.L.L.C. June 16, 2020

Press Release

Sterne Kessler 100% Operational — Seamless Services for Our Clients

Sterne, Kessler, Goldstein & Fox P.L.L.C. March 16, 2020

In the News

Ranking the Top ITC Firms and Attorneys

IPWatchdog February 29, 2020

PTAB Strategies and Insights

PTAB Strategies and Insights – February 2020

February 28, 2020

Bylined Articles

IPR Estoppel Questions Answered and Remaining

Sterne, Kessler, Goldstein & Fox February 28, 2020

Bylined Articles

PTAB Operation Under Phillips: Business as Usual with New Strategic Implications

Sterne, Kessler, Goldstein & Fox February 28, 2020

Publication

Introduction — 2019 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. February 28, 2020

Publication

Data & Trends — 2019 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. February 27, 2020

Bylined Articles

Petitioners Beware Discretionary Denial

Sterne, Kessler, Goldstein & Fox P.L.L.C. February 27, 2020

Reports

2019 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox February 25, 2020

In the News

Vaping Pioneer Juul Asks Agency to Block Pod-Making Competitors

Bloomberg September 24, 2019

Speaking Engagement

Standard Essential Patents Strategy Conference

September 10, 2019 4:10 PM - 5:00 PM PST

Speaking Engagement

SABA-DC Presents: IP and Trade Across Borders – Investigations Before the ITC

September 4, 2019 12:00 PM - 1:30 PM PST

PTAB Strategies and Insights

PTAB Strategies and Insights – August 2019

August 30, 2019

Bylined Articles

PTAB Extends Discretionary Denial Factors to Parallel ITC Proceedings

Sterne, Kessler, Goldstein & Fox August 30, 2019

In the News

PTAB Upholds Wirtgen Patent in Loss For Caterpillar

Law360 July 17, 2019

Speaking Engagement

Summit on Biosimilars

June 24, 2019 1:30 PM - 2:30 PM PST

Press Release

Sterne Kessler Prominent Again in Intellectual Asset Management Magazine’s “IAM Patent 1000”

Sterne, Kessler, Goldstein & Fox P.L.L.C June 12, 2019

Speaking Engagement

MIP Innovation & Litigation Summit 2019

June 11, 2019

Speaking Engagement

2019 Global IP Strategy Conference

March 15, 2019

Speaking Engagement

Brand Protection Online

March 5, 2019 12:00 AM - 11:59 PM PST

In the News

US: Top Trademark Cases And Practice Tips From 2018

Managing Intellectual Property February 26, 2019

In the News

Shutdown Could Disrupt A Number Of ITC Patent Cases

Law360 January 24, 2019

Press Release

Sterne Kessler Elects Six New Directors

January 3, 2019

PTAB Strategies and Insights

PTAB Strategies and Insights – November 2018

November 29, 2018

Bylined Articles

The Growing Influence of Post-Grant Proceedings in Section 337 Investigations

Sterne, Kessler, Goldstein & Fox November 29, 2018

Speaking Engagement

The 6th Annual IP Strategy Summit: Silicon Valley

November 7, 2018 9:15 AM - 10:00 AM PST

Books and Chapters

Evidence in Patent Cases

Bloomberg Law October 11, 2018

Press Release

IP Powerhouse Sterne, Kessler, Goldstein & Fox Celebrates 40th Anniversary

Sterne, Kessler, Goldstein & Fox October 2, 2018

Press Release

Sterne Kessler Recognized By LMG Life Sciences Among The Top IP Firms and Attorneys

Sterne, Kessler, Goldstein & Fox September 25, 2018

PTAB Strategies and Insights

PTAB Strategies and Insights – September 2018

September 21, 2018

Bylined Articles

Best Strategies for ITC Respondents When Considering a PTAB Action

Sterne, Kessler, Goldstein & Fox P.L.L.C. September 21, 2018

In the News

PTAB Again Upholds Cisco Patent On Remand From Fed Circ.

Law360 September 4, 2018

Bylined Articles

The Return of the ITC as the Forum of Choice

Westlaw Journal Intellectual Property January 23, 2017

Bylined Articles

The Future of Forum-Shopping in a Post-TC Heartland World

IP Watchdog January 11, 2017

Bylined Articles

An Important ITC Lesson For Tech Companies

Law360 April 1, 2016

Bylined Articles

The ITC and Biosimilars: Strategies for Brand-Biologics Companies Against Biosimilar Applicants

Bloomberg BNA Pharmaceutical Law & Industry Report March 4, 2016

Bylined Articles

Trade Secret Claim Strategies: ITC Vs. DTSA

Law360 July 27, 2015

In the News

5 Takeaways After Fed. Circ. Amgen – Sandoz Ruling

Law360 July 21, 2015

In the News

Top IP Firms Hired To Fight Converse TM Blitz

Law360 December 23, 2014

Books and Chapters

Patent Office Litigation

Thomson Reuters Westlaw January 1, 2012