ITC Section 337 Litigation & Enforcement: A Look Back and a Sneak Peek to the Future
Over the years, the U.S. International Trade Commission (ITC) has been actively involved in resolving unfair trade practices, especially patent infringement disputes under Section 337 of the Tariff Act of 1930. Section 337 provides an avenue for investigation of unlawful practices in import trade, including infringement of intellectual property rights. In the past few years, under an increasingly complex legal landscape, cases, investigations, and proceedings under Section 337 have exponentially increased.
Looking ahead, more cases involving Section 337 are expected to arise. To avoid potential business and legal risks, companies should keep themselves abreast of the significant developments surrounding the ITC's Section 377.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will help the audience understand the fundamentals as well as recent developments in the ITC’s Section 337 Litigation & Enforcement. Speakers will also provide a sneak peek of what lies ahead in 2018 and beyond.
Key topics include:
- Features of Section 337 Litigation
- Resolution of Section 337 Disputes
- Types of Remedial Orders Under Section 337
- The ITC's 100-Day Early Disposition Program
- Notable Court Rulings and Decisions
- Trends, Developments and Updates in 2018
Gary M. Hnath, Partner
Mayer Brown LLP
- The ITC’s 100-Day Pilot Program for early disposition of investigations
- The jurisdictional reach of the ITC in patent and non-patent cases
- The rising use of Section 337 in non-patent cases
- Seeking an advisory opinion under the ITC’s new “streamlined” procedure
- Customs’ new procedures for resolving disputes over redesigned products
- Binding ITC decisions in trade secret cases
Eric W. Schweibenz, Partner
Oblon, McClelland, Maier & Neustadt, LLP
- Lack of standing defenses on the rise at the ITC;
- Trends and considerations regarding use of IPRs in response to Section 337 complaint;
- Review of recent sanctions-related ITC decisions; and
- Trends and considerations for proving economic injury at the ITC for non-statutory intellectual property actions
Carla Mulhern, Managing Principal
- Economic Issues Arising at the ITC
- Domestic Industry
- Public Interest
- Recent Case Developments
- Domestic Industry
- Public Interest
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
Gary Hnath is a Partner in Mayer Brown’s Washington DC office. A graduate of Michigan State University and Harvard Law School, Gary focuses his practice on intellectual property litigation and counseling, including disputes involving patent, trademark and copyright infringement and trade secrets. He has participated in over 45 investigations at the US International Trade Commission under Section 337 of the Tariff Act of 1930, one of the principal forums for litigating intellectual property disputes involving imported articles.
A leading authority in the area of Section 337 litigation, Gary is a former senior staff attorney with the ITC’s Office of Unfair Import Investigations, president of the ITC Trial Lawyers Association, and Chair of the ITC Committee of the AIPLA. He has lectured throughout the United States and Asia and written widely on the subject of Section 337 investigations. Gary represented the first Chinese company to prevail after trial in a Section 337 investigation, and during the course of his career has been lead counsel in some of the most significant and high profile Section 337 investigations in a wide range of technologies, including cases involving concealed cabinet hinges, electric power tools, sucralose, sleep apnea treatment devices, coenzyme Q10, linear actuators, acesulfame potassium, laminated packaging, toner cartridges, dental positioning adjustment appliances, ground fault circuit interrupters, neodymium-iron-boron magnets, MVA viruses, computer forensic devices, vein harvesting surgical systems, and wind and solar-powered light posts and street lamps.
Gary Hnath is a Partner in Mayer Brown’s Washington DC office. A graduate of Michigan State University and Harvard Law …
Carla Mulhern, Managing Principal, Analysis Group; M.Sc., economics, London School of Economics and Political Science; B.S., mathematics, Bucknell University
Ms. Mulhern specializes in the application of economic principles to issues arising in complex business litigation. She has testified on damages issues arising in commercial litigation matters such as intellectual property disputes in a number of district and state Courts. As well, she has provided testimony on economic issues arising in the context of Section 337 investigations at the International Trade Commission (ITC). At the ITC, Ms. Mulhern has testified on a variety of economic issues including domestic industry, remedy, bond, commercial success, and public interest. Her litigation experience 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.
Carla Mulhern, Managing Principal, Analysis Group; M.Sc., economics, London School of Economics and Political Science; B.S., mathematics, Bucknell University Ms. Mulhern …
Eric W. Schweibenz is a partner in Oblon’s Litigation and ITC Litigation practice groups focused on patent litigation in the federal courts and before the U.S. International Trade Commission (ITC). With extensive legal experience, Mr. Schweibenz also counsels clients in all fields on a full range of trademark and copyright law issues. As a result of his successes, Mr. Schweibenz has been recognized by independent rankings outlets as a leading patent practitioner in ITC and Patent Litigation.
Mr. Schweibenz’s extensive experience in complex litigation includes representing both domestic and foreign companies and their U.S. affiliates and subsidiaries across a spectrum of diverse technologies, including automotive and hybrid electric vehicles and components thereof, medical devices, semiconductors, gas turbine engines, liquid crystal display innovations, and oil and steel production. Mr. Schweibenz received a Juris Doctor from Roger Williams University School of Law.
Eric W. Schweibenz is a partner in Oblon’s Litigation and ITC Litigation practice groups focused on patent litigation in the …
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Method of Presentation:
Basic knowledge in patent law
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About Mayer Brown LLP
Mayer Brown is a firm with more than 1,500 lawyers—among the largest law firm workforces in the world. Mayer Brown operates in the world’s principal financial centers in America, Europe, Asia and the Middle East. Its presence and network in the world’s leading markets enables the firm to offer clients access to local market knowledge combined with a global reach.
Mayer Brown is noted for its commitment to client service and our ability to assist clients with their most complex and demanding legal and business challenges worldwide. It serves many of the world’s largest companies, including a significant proportion of the Fortune 100, FTSE 100, CAC 40, DAX, Hang Seng and Nikkei index companies. The firm provides legal services in areas such as intellectual property; banking and finance; corporate and securities; litigation and dispute resolution; antitrust and competition; US Supreme Court and appellate matters; employment and benefits; environmental; financial services regulatory and enforcement; government and global trade; real estate; tax; restructuring, bankruptcy and insolvency; and wealth management.
About Analysis Group
Analysis Group is one of the largest private economics consulting firms, 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 worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional depth of expertise.
About Oblon, McClelland, Maier & Neustadt, LLP
For nearly 50 years, Oblon has provided a full range of intellectual property services to companies based in Japan, France, Germany, Italy, the United States and other areas of the world. Many of the firm’s culturally aware attorneys speak several languages, including Japanese, French, German, Mandarin and Korean, to enable more efficient communication with the firm’s global clients. Oblon’s team of 130+ attorneys, registered patent agents, and technical advisors include some of the country’s most respected practitioners of intellectual property law.
The Firm is consistently recognized as an industry leader, with annual accolades from reputable publications such as U.S. News & Best Lawyers, Chamber & Partners, and Intellectual Property Today. The Firm has obtained more U.S. utility patents than any other firm in the world for over 27 consecutive years.