Louis S. Mastriani

How Lou Helps Clients

Lou Mastriani, a former senior investigative attorney in the U.S. International Trade Commission (ITC) Office of Legal Services (currently known as the Office of Unfair Import Investigations), counsels and assists clients in domestic and worldwide licensing and enforcement programs for intellectual property rights, with an emphasis on high-technology patent portfolios.

For more than 40 years, Lou has been involved in unfair competition investigations before the ITC under Section 337, and intellectual property litigation in federal district courts. He also has represented clients in numerous antidumping and countervailing duty investigations at the ITC and the U.S. Department of Commerce, and cases before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He has also been involved over the years in interacting on behalf of domestic and foreign clients with U.S. Customs in matters involving the administration and enforcement of ITC exclusion orders, protection of intellectual property rights, as well as valuation and classification matters, including appeals to the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. Lou also counsels domestic and international clients with respect to compliance with export controls and sanctions protocols, as well as representing them in connection with investigatory and enforcement proceedings.

Prior to entering private practice, he served as legal counsel to an ITC Commissioner before becoming a senior investigative attorney in the Office of Legal Services (currently known as the Office of Unfair Import Investigations). As a senior ITC investigative attorney, Lou assisted in revising and drafting the Commission's Rules of Practice and Procedure with respect to Section 337 investigations. While at the ITC, he also litigated numerous Section 337 investigations on behalf of the public interest involving patent, non-patent, and antitrust issues, including self-initiated section 603 investigations. The U.S. Trade Representative appointed Lou as both a panelist and a chairman on binational panels convened pursuant to the North American Free Trade Agreement to provide review of antidumping and countervailing duty decisions.

He has represented pro bono veterans before the U.S. Court of Veterans Claims and the U.S. Court of Appeals for the Federal Circuit. Lou is also a prolific philanthropist who has established endowed scholarships at major academic institutions, as well as the Smithsonian and National Zoological Park.

Lou has lectured extensively and published articles on international trade issues and intellectual property protection.

What Clients Can Expect 

Lou strives to create and maintain a close and collaborative relationship with his clients, which they appreciate and value. Clients note that Lou consistently keeps them thoroughly updated on case and matter developments, noting how proactive and insightful he is.Clients value his experience, and comment that he is always thinking outside of the box on substantive and strategic issues.

In complex matters Lou is noted for building experienced teams which efficiently and economically prosecute or defend matters on behalf of clients, and achieving highly successful and lucrative outcomes for clients.

Outside the Office

Lou has been practicing and teaching martial arts for decades and in 2016 Hombu Dojo in Tokyo elevated him to the rank of 5^th dan in Aikido. He and his wife are passionate environmentalists and nature lovers, as well as scuba divers and snorkelers.

Honors & Recognition

• Managing Intellectual Property, IP Stars – Patent Star and Trademark Star, 2022, 2024-2025
• Ranked in Chambers Global: World’s Leading Lawyers, International Trade: Intellectual Property (Section 337), Nationwide, 2025
• Ranked in Chambers USA: America’s Leading Lawyers for Business, International Trade: Intellectual Property (Section 337), Nationwide, 2006 – 2025
• The Legal 500, Intellectual Property: Patents: Litigation (International Trade Commission) 2022
• The Legal 500 Hall of Fame Intellectual Property: Patents Litigation (International Trade Commission) 2022
• Patexia, Top 10 – Most Active ITC Section 337 Attorney, 2022
• Patexia, Top 10 – Best Performing ITC Section 337 Attorney, 2022
• Super Lawyers – 15 Years Ranked, 2022

Proof Points 

Prevailed at ITC on behalf of LG Chem, Ltd, LG Chem Inc and LG Chem Energy Solutions against respondents SK Battery America Inc., SK Battery Hungary Kft., and SK Innovation Co., Ltd. in a in a Section 337 action regarding misappropriation of trade secrets of certain lithium ion batteries, battery cells, battery modules, battery packs, components thereof. The client obtained a $1.8 billion settlement and effectively settled the dispute, evading a 10-year U.S. import ban that would set back policy and industry.

Represented Vicor Corporation in a patent-based ITC case against major foreign electronics components suppliers and contract manufacturers, resulting in a finding of violation and the issuance of exclusion and cease and desist orders. (ITC Inv. No. 337-TA-1370. This resulted in major OEMs taking licenses under the asserted patents. Also spearheaded the successful enforcement of the exclusion order by Customs and Border Protection.

Represented defendant Bel Air Lighting, Inc. in Bel Air Lighting, Inc. v. Progressive Lighting, Inc., in a copyright case where the district court granted it summary judgment against a claim of copyright infringement. The 11th Circuit on appeal affirmed in a precedential case, wherein it held that the doctrine of conceptual separability applies to the ornamental features of utilitarian products.

Represented a global cargo airline and conducted internal investigation regarding transport of U.S.-origin controlled items to an embargoed destination and secured favorable outcome from relevant government agency; advocated for lifting of significant penalty assessed by Customs following theft of luxury merchandise from warehouse. Continually advise regarding ongoing compliance with U.S. trade laws, including the fast-evolving Russian sanctions and export controls on sensitive U.S. technologies and foreign direct products.

Represented Otter Products against the U.S. government in a claim to reduce the 20 percent duty rate assessed against OtterBox cell phone cases over many years from 20 percent to 5.3 percent. The U.S. Court of International Trade ruled in Otter Products’ favor, and the U.S. Court of Appeals affirmed in a precedential decision, resulting in refunds of duty overpayments and interest in the nine-figure range.

Successfully defended Korea Petrochemical Ind. Co. (KPIC)against imposition of an antidumping duty order in the investigation of imports of ultra-high molecular weight polyethylene from Korea, convincing a unanimous ITC that KPIC’s imports were not causing injury to U.S. producers of the identified product. This is a rare win—more than 80% of all investigations result in a final affirmative injury determination, and even fewer are unanimous negative determinations. This win was made possible in part by our procurement of a roughly 7.8% dumping duty margin on behalf of KPIC—a margin more than 10 times lower than that alleged by the petitioning U.S. producer, who continued to make capital expansions, gain market share, and show substantial profit throughout the period of investigation. (Commerce Case No. A-580-907 and ITC Inv. No. 731-TA-1474).

Represent and advise multiple clients in a Surety Bond Claims member class lawsuit relating to the AD order on Freshwater Crawfish Tail Meat from China (A-570-848 (DOC), 731-TA-752 (ITC)). Although U.S. crawfish processors successfully recovered CDSOA payments under the AD order, Customs did not distribute those payments to domestic crawfish processors with interest. This litigation advances the novel legal argument that Customs was required to refund interest accrued on those CDSOA payments to domestic producers, and it is an issue of first impression.