ITC Section 337 Litigation & Enforcement: A Look Back and a Sneak Peek to the Future
Overview:
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
Agenda:
SEGMENT 1:
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
SEGMENT 2:
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
SEGMENT 3:
Carla Mulhern, Managing Principal
Analysis Group
- Economic Issues Arising at the ITC
- Domestic Industry
- Remedy
- Bond
- 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 …
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 …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
Basic knowledge in patent law
Course Code:
146839
NY Category of CLE Credit:
Skills
Total Credits:
1.5 CLE
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SPEAKERS' FIRMS:
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.
Website: https://www.mayerbrown.com/
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.
Website: https://www.analysisgroup.com/
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.
Website: https://www.oblon.com/