ITC Section 337 Investigations: Your Thorough Guide for 2017 & Beyond
Section 337 of the Tariff Act of 1930 prohibits unfair methods of competition and practices in import trade, particularly the importation or sale of infringing goods in the United States. U.S. International Trade Commission (ITC) Section 337 investigations involve high stakes for both patent holders and parties accused of importing infringing products. Complex and challenging ITC investigations demand a multi-disciplined approach that involves knowledge of intellectual property litigation and international trade and policy. It is important for businesses and their counsel to understand the unique procedural framework of ITC Section 337 investigations.
The Knowledge Group has assembled a panel of key thought leaders and practitioners to discuss ITC Section 337 investigations and offer guidance to navigate the complexities of Section 337 proceedings.
In a two-hour live webcast, the speakers will discuss:
- Overview of Section 337
- ITC Section 337 Investigations Framework
- Asserting Section 337 Claims
- Issues and Challenges in a Section 337 Investigation
- Recent Filing Trends at the ITC
- Recent ITC Case Decisions
Blaney Harper, Partner
Why Use the ITC
- Benefits as venue
- Disadvantages as venue
- Progress of investigations; recent uptick
P.J. McCarthy, Partner
Greenberg Traurig LLP
- Recent cases of note
- Innovative uses of ITC
Edward C. Donovan, Partner
Kirkland & Ellis LLP
- Start of Investigation
- Pre-hearing Procedures
- Post-hearing Procedures
Carla Mulhern, Managing Principal
Domestic Industry - Economic Prong
- Establishing a domestic industry
- Recent case developments
- The injury requirement
Who Should Attend:
- IP and Related Attorneys and Consultants
- International Trade Law Attorneys
- In-house Counsel
- Trade Compliance Administrators and Managers
- Private and Public Companies
- Multinational Companies
Ms. Mulhern specializes in the application of economic principles to issues arising in complex business litigation. She has provided expert testimony in numerous patent infringement cases, including those involving Section 337 violations at the International Trade Commission (ITC). Before the ITC, Ms. Mulhern has testified on economic issues such as domestic industry, remedy, bonding, commercial success, and public interest. In addition to her ITC experience, she has served as an expert witness on damages issues in commercial litigation matters providing testimony in various district and state courts. Ms. Mulhern’s intellectual property damages experience includes cases involving allegations of patent, copyright, and trademark infringement, as well as misappropriation of trade secrets. Her work spans a variety of industries, including pharmaceuticals, medical devices, automotive, entertainment, consumer products, computer hardware and software, semiconductors, and telecommunications. In non-litigation matters, Ms. Mulhern has assisted clients in valuing intellectual property and other business assets in the context of strategic alliances and joint ventures. She is a member of the American Economic Association and the Licensing Executives Society, and is a frequent writer and speaker on issues related to intellectual property valuation and damages assessment.
Ms. Mulhern specializes in the application of economic principles to issues arising in complex business litigation. She has provided expert …
Blaney Harper's practice focuses on representing electronics, software, and information technology companies in strategic patent litigation, including patent portfolio evaluation and enforcement, in United States District Courts, the International Trade Commission (ITC), and before the USPTO. Blaney's experience covers a broad cross-section of technology, including semiconductor structures, microprocessor architecture, memory, application-specific integrated circuits, and related hardware and software for applications such as wireless communications, fiber-optic networks, distributed computing, digital image processing, computational linguistics, computer controlled radiology, computer peripherals, accelerometers, and other electronic sensors. Blaney has been the lead lawyer defending against infringement allegations on multiple patents on behalf of Cree Inc. (concerning LEDs), Imagination Technologies (concerning Graphic Processors), Apple (camera phones), Vizio (TVs), Freescale (packaged semiconductors), Eastman Kodak Company (digital cameras), Sercel I/O (MEMs accelerometers), Lucent (internet infrastructure), and others. Blaney is a co-chair of the ITC practice at Jones Day and has been recognized in Intellectual Asset Management (IAM) 1000 2014-2015 and in Managing Intellectual Property 2015 USIP Stars. Blaney also represents and counsels clients concerning patent portfolio development and patent prosecution, including appeal and post-grant proceedings, in the U.S. Patent and Trademark Office.
Blaney Harper's practice focuses on representing electronics, software, and information technology companies in strategic patent litigation, including patent portfolio evaluation …
Patrick J. McCarthy (PJ) is a patent litigator who is also barred and licensed to practice before the United States Patent and Trademark Office. PJ has litigated matters across a broad range of complex technologies, including semiconductor packaging and manufacturing, analog and digital integrated circuitry, smartphone hardware and software technology, telecommunications, global positioning systems, networking, distributed computing, internet search technology, vehicle collision systems, vehicle radar systems, cable and satellite set-top boxes, and satellite broadcasting. Those patent litigation matters have spanned federal district courts across the country, but also include numerous Section 337 Investigations at the International Trade Commission, where PJ concentrates much of his litigation practice. PJ is also experienced in briefing, managing, and arguing appeals to the United States Court of Appeals for the Federal Circuit.
Patrick J. McCarthy (PJ) is a patent litigator who is also barred and licensed to practice before the United States …
Ed Donovan is a partner at Kirkland & Ellis where he focuses on intellectual property and technology-related litigation. His experience includes trials, arbitrations and preliminary injunction proceedings in federal and state courts and before the International Trade Commission. Ed has tried patent infringement cases to verdict in bench and jury trials and has successfully obtained and defeated exclusion orders in Section 337 proceedings. His experience spans a variety of technical subject matters including semiconductors, mobile phones, data storage, pharmaceuticals, and medical devices. Ed has substantial experience in legal and regulatory issues involving standards essential patents, including trying cases involving SEP and FRAND issues as both plaintiff and defendant.
Ed’s work has been recognized by Chambers & Partners and Managing Intellectual Property, among others.
Ed has a B.E. in Mechanical Engineering. He received his J.D. from George Washington University Law School.
Ed Donovan is a partner at Kirkland & Ellis where he focuses on intellectual property and technology-related litigation. His experience …
Print and review course materials
Method of Presentation:
Knowledge/background on IP and International Trade Law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Analysis Group
Analysis Group is one of the largest private economics consulting firms in North America, with more than 700 professionals across 11 offices in the United States, Canada, and China. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune 500 companies, and government agencies. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional depth of expertise.
About Jones Day
With its singular tradition and widely recognized record of client service, Jones Day provides formidable legal talent across multiple disciplines and jurisdictions through the seamless collaboration of a true partnership that shares fundamental professional values. Spread across five continents, Jones Day has more than 2,500 lawyers in 44 offices located in major centers of business and finance around the world.
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About Greenberg Traurig LLP
Greenberg Traurig, LLP (GTLaw) is an international, multi-practice law firm with more than 2,000 attorneys across 38 offices in the United States, Latin America, Europe, Asia and the Middle East and is celebrating its 50th anniversary. A single entity worldwide, GTLaw is No. 1 on the 2015 Law360 Most Charitable Firms list, second largest in the U.S. on the 2016 Law360 400, and Top 20 on the 2016 Am Law Global 100.
GT encourages attorneys to organize the cross-practice teams required to meet the needs of our clients. We provide our services with the dedication and responsiveness of a boutique firm and the breadth, depth, resources and operating efficiencies of one of the largest law firms in the United States.
About Kirkland & Ellis LLP
Kirkland & Ellis LLP is a 1,900-attorney law firm representing global clients in complex intellectual property and technology matters, private equity, M&A and other complex corporate transactions, litigation and dispute resolution/arbitration, and restructuring matters. The Firm has offices in Beijing, Chicago, Hong Kong, Houston, London, Los Angeles, Munich, New York, Palo Alto, San Francisco, Shanghai and Washington, D.C.
Kirkland has one of the most respected intellectual property litigation practices in the country, with particular experience in large-scale patent, copyright, trademark, trade secret misappropriation, and advertising matters. The Firm has been handling ITC Section 337 proceedings for more than 30 years and has litigated numerous ITC cases on behalf of complainants and respondents covering a variety of products and technologies. Kirkland was honored by Managing Intellectual Property as the 2016 “International Trade Commission Firm of the Year.”