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Cyrus Frelinghuysen focuses his practice on intellectual property and trade matters, concentrating in particular on unfair import (a.k.a., Section 337) investigations before the U.S. International Trade Commission (ITC). Cyrus has represented both complainants and respondents in all phases of Section 337 proceedings. The cases Cyrus has handled have involved a variety of technologies, such as telecommunications equipment, mobile devices, semiconductors, and pharmaceuticals. Cyrus has also advised clients on compliance and enforcement matters, including matters involving U.S. Customs and Border Protection (CBP), the Office of Foreign Assets Control (OFAC), and the Foreign Corrupt Practices Act (FCPA).

Concentrations

  • International Trade Commission's Section 337 litigation
  • Patent litigation
  • International trade and compliance

Capabilities

Experience

  • Certain Solar Power Optimizers, Inverters, and Components Thereof, Inv. No. 337-TA-1327. Represented complainant in an investigation involving power optimizers used in large solar plants. The investigation settled prior to an evidentiary hearing.
  • Certain Televisions, Remote Controls, and Components Thereof, Inv. No. 337-TA-1263. Represented certain respondents in an investigation initiated by Roku involving television remote controls. The ITC found the asserted patent invalid as indefinite. An appeal is pending before the Federal Circuit.
  • Certain Adalimumab, Processes for Manufacturing or Relating to Same, and Products Containing Same, Inv. No. 337-TA-1296. Represented certain respondents in an investigation involving claims of trade secret misappropriation related to the process for manufacturing HUMIRA®. The investigation was terminated based on a settlement.
  • Certain Filament Light-Emitting Diodes and Products Containing Same (II), Inv. No. 337-TA-1220. Defended a respondent that is a leading supplier of lighting products in an investigation initiated by the Regents of the University of California. The ITC found all four asserted patents to be invalid, and that determination was affirmed by the Federal Circuit.
  • Certain Nicotine Pouches and Components Thereof and Methods of Making the Same, Inv. No. 337-TA-1192. Represented respondents in an investigation involving nicotine pouches. The investigation was terminated after the complainant withdrew its complaint just prior to a claim construction hearing.
  • Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials, Inv. No. 337-TA-1184. Obtained the issuance of a general exclusion order against infringing shaker screens used to filter and recycle drilling muds used in oil and gas drilling.
  • Certain Modular LED Display Panel & Components Thereof, Inv. No. 337-TA-1114. Represented respondent that was a U.S.-based distributor of LED display panels. The investigation was terminated after the close of fact discovery when the complainant withdrew its complaint.°
  • Certain Graphics Processors, DDR Memory Controllers, & Products Containing the Same, Inv. No. 337-TA-1037. Represented downstream respondents in an investigation targeting their suppliers. The investigation was terminated based on a settlement prior to a hearing.°
  • Certain Digital Video Receivers & Hardware & Software Components Thereof, Inv. No. 337-TA-1001. Represented lead respondent in an investigation involving set-top boxes.°
  • Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers, ITC Inv. No. 337-TA-953. Represented complainant in an investigation involving cellular telecommunications technology. The investigation was terminated prior to a hearing on violation.°
  • Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras, ITC Inv. No. 337-TA-952. Represented complainant in an investigation involving technologies related to critical features of wireless devices. The investigation was terminated following a hearing but prior to issuance of an initial determination.°
  • Certain Nonvolatile Memory Devices and Products Containing Same, ITC Inv. No. 337-TA-909. Represented complainant in an investigation involving nonvolatile memory products. The investigation was terminated after a hearing and just two days prior to the expected issuance of the initial determination.°
  • Certain Flash Memory Chips and Products Containing Same, ITC Inv. No. 337-TA-853. Defended respondents in an investigation involving flash memory products. The investigation was terminated after a hearing but prior to the issuance of an initial determination.°
  • Certain Gemcitabine and Products Containing Same, ITC Inv. No. 337-TA-766. Defended respondent and its China-based supplier in an investigation involving a chemotherapy medication. The investigation was terminated prior to a hearing on violation.°
  • Represented manufacturer of ophthalmic lenses in patent litigation against major competitor. The matter was settled.°
  • Represented major mobile device designer and manufacturer in patent litigation involving patents alleged to be essential to mobile standards. The case was settled.
  • Conducted internal investigation of potential FCPA violations by a multinational corporation with respect to operations worldwide, including China, Hong Kong, Indonesia, Korea, Thailand, Vietnam, and the Philippines.°
  • Prepared numerous OFAC license applications for companies seeking to engage in otherwise prohibited transactions in countries such as Burma, Cuba, Iran, Sudan, and Syria.°
  • Prepared voluntary disclosure materials for submission to OFAC, resulting in issuance of a cautionary letter instead of imposition of monetary penalties.°
  • Pro bono application for hardship exemption for a member of the armed services.°
  • Pro bono application for asylum for a Palestinian woman.°
  • Pro bono petition for the removal of conditions on residence for a victim of domestic violence married to a U.S. citizen.°

°The above representations were handled by Mr. Frelinghuysen prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, Super Lawyers Magazine, Washington, D.C. Super Lawyers, “Rising Star,” 2014-2018
  • Listed, Capital Pro Bono Honor Roll, 2012
  • Member, American Bar Association
    • Member, International Law Section
    • Member, Intellectual Property Law Section
    • Member, Antitrust Law Section
  • Member, International Trade Commission Trial Lawyers Association
  • Member, American Intellectual Property Law Association
    • Member, AIPLA Quarterly Journal Editorial Board

Credentials

Education
  • J.D., Georgetown University Law Center
    • Executive Editor, Georgetown International Environmental Law Review
  • M.A., International Relations and International Economics, Johns Hopkins University, Paul H. Nitze School of Advanced International Studies
  • A.B., Princeton University
Admissions
  • District of Columbia
  • New York
Languages
  • Chinese (Mandarin), Conversational

Related Capabilities

Intellectual Property Litigation International Trade Commission's Section 337 Litigation Intellectual Property & Technology Trade Secrets