Michael D. Esch’s practice focuses on representing clients in import relief proceedings, including Section 337 unfair import investigations before the US International Trade Commission. He also provides advice to importers and exporters regarding international trade matters.
Mr. Esch has actively participated in more than 30 Section 337 investigations before the US International Trade Commission, as well as dozens of other administrative trade proceedings, including antidumping and countervailing duty investigations and Section 301 export barrier proceedings before the Office of the US Trade Representative.
In these proceedings, Mr. Esch has represented producers in a broad range of industry sectors, with a particular emphasis on information technology products, including semiconductor manufacturing equipment, microprocessors, desktop and laptop computers, tablets, mobile phones, digital cameras, GPS chips, flash memory, and baseband processor chips.
In addition, Mr. Esch has provided advice and representation on customs law matters, including classification, valuation, country of origin marking, export controls, special import duty programs, and foreign trade zone operations.
Mr. Esch has also represented clients in judicial appeals from US agency proceedings, and in connection with disputes before the World Trade Organization. In 1996, Mr. Esch was appointed by the Office of the US Trade Representative to serve on the roster of panelists that adjudicate disputes under the North American Free Trade Agreement (NAFTA).
Prior to joining the firm, Mr. Esch was a partner with the Washington, DC firm of Patton Boggs LLP, practicing international trade law and litigation. Following law school, he clerked for former Chief Judge Theodore R. Newman, Jr., of the District of Columbia Court of Appeals.
Mr. Esch serves on the Board of Governors and as Treasurer of the Washington Foreign Law Society, and served on the Board of the Federal Circuit Bar Association from 2013 to 2017. He is a member of the International Trade Commission Trial Lawyers Association (ITCTLA), the Intellectual Property Owners Association (ITC Committee), and the American Bar Association
Experience :
- Represented respondent, a leading semiconductor company, in a Section 337 investigation before the International Trade Commission; resulted in Initial Determination of no violation on three alternative grounds, and finding of no violation upheld by the Commission on review (ITC Inv. No. 337-TA-786).
- Represented respondent, a leading computer, mobile device and media player company, in Section 337 investigations involving 14 patents before the International Trade Commission; resulted in a determination of no violation and subsequent settlement (ITC Inv. Nos. 337-TA-701, 337-TA-771).
- Represented complainant in a Section 337 investigation concerning digital camera technology before the International Trade Commission; resulted in a determination of infringement and validity of the asserted patents and subsequent favorable settlement (ITC Inv. No. 337-TA-663).
- Represented flash memory manufacturer accused of infringing patents in two successive Section 337 investigations before the International Trade Commission, each resulting in a Final Determination of no violation (ITC Inv. Nos. 337-TA-526, 337-TA-560).
EDUCATION :
- JD, Harvard Law School, 1979
- AB, Harvard College, 1976
ADMISSIONS : District of Columbia
CLERKSHIPS : The Hon. Theodore R. Newman, District of Columbia Court of Appeals, 1979 – 1980.
Cost
Rate : $$$
