The ITC Section 337 Investigations: Trends, Development, and Issues
Patent investigations brought under International Trade Commission (ITC) have seen an upward trend in recent years. Consequently, as several types of products and components are imported in the U.S., an increase in patent litigation is also expected – a scenario that may put a large number of U.S. companies and their consumers at risk.
Furthermore, despite having ITC Section 337 investigations on the lookout, companies still need to prepare for possible contingency plans especially that the current legal landscape is clouded with emerging trends and developments.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the recent ITC section 337 investigations and developments. Speakers will also present all important issues surrounding this topic including the emerging developments from the federal circuit.
- An Overview of ITC Section 337 Investigation
- Emerging Trends and Developments
- Notable Court Rulings and Decisions
- Potential Risks and Issues
- Practical Tips and Strategies
Orrick Herrington & Sutcliffe LLP
- Preparing a Section 337 complaint from a complainant’s perspective
- Elements of a Section 337 claim
- Identify key witnesses
- Responding to a Section 337 complaint from a respondent’s perspective
- Assess scope
- Identify key witnesses
- Retain counsel and experts
- Analyze potential complaint vulnerabilities
- Consider retaliatory action
Greenberg Traurig, LLP
- “Recent” Developments on Issues Unique to Section 337 Investigations
- Domestic Industry Requirement
- What types of investments may be relied upon?
- Do both pre- and post-filing investments count?
- How do you know whether investments are “significant” or “substantial”?
- Importation Requirement
- What is the scope of the importation requirement?
- Remedy / Public Interest
- When do the public interest factors impact remedy?
- Are remedies available with respect to standard-essential patents?
- Domestic Industry Requirement
DLA Piper LLP
Non-traditional, Non-patent Use of ITC Section 337
- ITC Section 337 is a broad unfair trade statute, not limited to patent protection
- Examining increase in trade secret misappropriation investigations, including establishing injury to DI, after Tianrui
- Examining false advertising investigations after Amarin
- Examining trade dress infringement investigations after Converse
- Examining trademark infringement investigations after Swagway and B&B Hardware
- Examining antitrust investigations after U.S. Steel and Exogenous Beta-Hydroxybutyrate Nutraceutical Products
Who Should Attend:
- IP and Related Lawyers and Consultants
- Compliance Officers
- General Counsel
- International Trade Law Attorneys
- Trade Compliance Administrators and Managers
Section 337 investigations pose an enormous risk. Without proper counsel, the speed, complexity and potential cost can overwhelm companies and drain precious resources. Having handled nearly 60 such investigations, Jordan understands those risks, and how to safely and efficiently guide complainants, respondents and non-parties toward the best possible result.
Legal 500 recently described Jordan as "the heart of the practice", who “offers a wealth of ITC experience and knowledge, while maintaining a level of responsiveness and approachability that is second to none." He’s managed all aspects of Section 337 investigations, including eight trials, from pre-complaint counseling and diligence to Federal Circuit appeals. The investigations have covered technologies including smartphones, tablets, televisions, flash memory, semiconductors, and medical devices.
Section 337 investigations pose an enormous risk. Without proper counsel, the speed, complexity and potential cost can overwhelm companies and …
Ryan N. Herrington is a Senior Managing Director at FTI Consulting and is based in Dallas. Mr. Herrington has more than eighteen years of professional experience in applying financial, accounting, and economic principles to complex business disputes over a variety of engagements. Mr. Herrington has significant experience in disputes involving intellectual property, including matters brought before the ITC. Mr. Herrington has served as an expert witness and testified in deposition and trial. Mr. Herrington’s intellectual property experience includes matters involving patent, trademark and copyright infringement as well as trade secret misappropriation. Mr. Herrington has also participated in ITC enforcement proceedings. Mr. Herrington co-authored a chapter in the Litigation Services Handbook on the role of financial experts in ITC investigations.
Ryan N. Herrington is a Senior Managing Director at FTI Consulting and is based in Dallas. Mr. Herrington has more …
Cyrus Frelinghuysen is Of Counsel in Greenberg Traurig’s Washington, D.C. office. He focuses his practice on intellectual property and trade matters. Cyrus has litigated disputes in district courts and before the U.S. International Trade Commission (ITC), having handled numerous investigations under Section 337 of the Tariff Act of 1930. Cyrus also advises clients on compliance and enforcement matters, including U.S. Customs and Border Protection (CPB), the Office of Foreign Assets Control (OFAC), and the Foreign Corrupt Practices Act (FCPA). He has represented clients across a variety of sectors and technologies, such as telecommunications equipment, mobile devices, semiconductors, and pharmaceuticals.
Cyrus Frelinghuysen is Of Counsel in Greenberg Traurig’s Washington, D.C. office. He focuses his practice on intellectual property and trade …
Tony Pezzano is a partner in the New York offices of DLA Piper LLP (US). Tony has successfully tried numerous cases in federal district courts and the ITC involving technology innovation across a diverse range of industries. Tony has been lead counsel for brand pharmaceutical companies in over two dozen filed Hatch-Waxman cases during the past ten years involving antibiotic, antiviral, antifungal, anticoagulant, and anti-organ transplant rejection drug products. Tony has also represented both Complainants and Respondents in ITC Section 337 investigations involving biologics, SeaDoos/WaveRunners, wireless communication devices, including mobile phones and tablets, computer routers and Segways/hoverboards. Few attorneys, if any, can match Tony’s record of obtaining both injunctions in Hatch-Waxman cases as well as exclusion and cease and desist orders in ITC Section 337 investigations. Tony is Past President (2009) of the ITC Trial Lawyers Association.
Tony Pezzano is a partner in the New York offices of DLA Piper LLP (US). Tony has successfully tried numerous …
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Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
General knowledge of patent and international trade laws
NASBA Field of Study:
Business Law – Technical
NY Category of CLE Credit:
Areas of Professional Practice
2.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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About Orrick Herrington & Sutcliffe LLP
Orrick is a global law firm focused on serving the technology & innovation, energy & infrastructure and finance sectors. Founded more than 150 years ago in San Francisco, Orrick today has offices in 25+ markets worldwide. Financial Times has selected Orrick as the Most Innovative Law Firm in North America from 2016-2018 and named us runner-up in 2019. The American Lawyer gave the firm its first Legal Innovation Award and in 2019 recognized us for “Best Use of Technology.” Fortune named the firm to the 2019 list of the 100 Best Companies to Work For (and the #1 law firm) for the fourth year in a row.
About FTI Consulting
FTI Consulting, Inc. is a global business advisory firm dedicated to helping organizations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. With more than 4,600 employees located in 28 countries, FTI Consulting professionals work closely with clients to anticipate, illuminate and overcome complex business challenges and make the most of opportunities.
FTI Consulting’s Intellectual Property practice consists of seasoned professionals across multiple academic disciplines possessing a wealth of specialized knowledge allowing for in-depth consulting and expert witness assistance. FTI Consulting has worked on behalf of both Complainants and Respondents in performing a wide variety of economic, financial, accounting and quantitative analyses and have testified numerous times on such issues at the ITC. FTI Consulting Intellectual Property professionals are also familiar with the complex documents and information that are often relied upon in ITC Section 337 investigations as well as the accelerated schedule requirements at the ITC.
About Greenberg Traurig, LLP
Greenberg Traurig, LLP (GT) has approximately 2,100 attorneys in 41 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. Web: www.gtlaw.com Twitter: @GT_Law.
About DLA Piper LLP
With over 90 offices, DLA Piper’s highly-regarded IP practice is recognized as a leading firm across the world. Our patent litigation practice ranks among the most active practices in complex multi-jurisdictional patent disputes before US district courts, the ITC and in key foreign jurisdictions. DLA Piper's patent lawyers also counsel innovative companies on strategic patent prosecution in the US and worldwide. Our trademarks practice manages more than 70,000 marks in over 150 countries, representing many of the top 100 global brands. Many of our IP and Technology lawyers have been recognized as leaders by numerous publications such as Chambers, The Legal 500, The National Law Journal, Law360, The Daily Journal, Managing IP, Intellectual Asset Management, and World Trademark Review.