Induced Infringement of Method Claims in Light of Suprema v. ITC
Infringement by inducement or the act of a person who does not commit direct infringement but asks or influences another to do so is a form of secondary liability for patent infringement. Recently, in the Suprema v. ITC case, the Federal Circuit concurred that articles that do not directly infringe until after they have been imported into the U.S. International Trade Commission (ITC) may qualify as "articles that infringe". The decision clarifies and confirms that importation of a device that is programmed after importation is subjected to the ITC relief based on the induced infringement of method claims.
In this LIVE Webcast, a panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as recent developments in the induced infringement of method claims resulting from the Suprema v. ITC case.
Key topics include:
- Induced Infringement: A Legal Perspective
- Section 337 of the Tariff Act - An Overview
- Identifying a Section 337 Violation
- Recent Court Decisions
- Decisions Prior to Suprema
- Practical Effects and Implications of Suprema
- What must an importer or seller do to avoid a finding of willful blindness?
- Do importers and sellers of products need to take a more assertive role in understanding the downstream activities of their customers?
- What due diligence is necessary on the part of importers and sellers?
- Will it change? The en banc panel applied the Chevron doctrine to give deference to the ITC. The Chevron doctrine may be coming under attack.
Winston & Strawn LLP
- Interplay between Patent Act and Section 337
- Suprema decisions and recent developments
- Impacts on Importers and Sellers
- Practical Effects and Implications of Suprema
- Changes on the horizon
Who Should Attend:
- Patent Owners
- Patent and Trade Lawyers
- Patent Litigators
- Legal Counsel
- Risk and Compliance Officers
- Import/Export Manager
- Brand Managers
Jonathan H. Spadt, Esq., is President and Chief Executive of RatnerPrestia. Mr. Spadt is widely recognized throughout the firm for his passionate devotion to IP law and policy. In addition to actively engaging in policy discussions with global clients and stakeholders, Mr. Spadt’s practice focuses on the development of international commercialization plans and the comprehensive strategies that support those plans, including both procurement and enforcement. With a particular focus on transatlantic-based innovation, he has significant experience in both U.S. and European legal frameworks. These experiences inform his active role in policy discussions relevant to improving IP laws with the objective of lowering trade barriers between jurisdictions having aligned innovation goals. He has worked closely with clients to develop cost-effective global protection strategies, IP business management plans, opinion strategies, risk-avoidance tactics, and general IP planning. Mr. Spadt has written and lectured throughout the United States and Europe in both the private and public sectors.
Jonathan H. Spadt, Esq., is President and Chief Executive of RatnerPrestia. Mr. Spadt is widely recognized throughout the firm for his passionate devotion …
Louis Campbell litigates patent cases. Louis has litigated in all the major patent litigation venues including the ITC, the Eastern District of Texas, Northern District of California, the District of Delaware, and the Federal Circuit. He has a particular focus on the ITC, having been involved with eight Investigations that have gone to trial. He has experience with a wide variety of technologies including smartphones, wireless communication standards such as LTE, CDMA, WCDMA, 802.11, and 802.3, cable television program guides, video games, graphics, texture compression, x86 and ARM processor instruction sets, CPU and GPU architecture, wafer fabrication, cryptography, industrial control systems, supply chain management, and wiper blades.
Louis Campbell litigates patent cases. Louis has litigated in all the major patent litigation venues including the ITC, the Eastern …
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NASBA Field of Study:
Business Law - Technical
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RatnerPrestia is a law firm expert in all things IP. The Firm handles procurement, enforcement, licensing, commercialization, global strategic IP planning, and all related business aspects of IP. The Firm has attorneys experienced and successful in all relevant U.S. and German agencies and tribunals, including the U.S. Patent and Trademark Office, The German Patent Office, The European Patent Office, The U.S. International Trade Commission, and Federal Courts, both trial and appellate, in both the U.S. and Germany. With clients based around the world, RP understands that IP is global.
About Winston & Strawn LLP
Winston & Strawn is an international law firm with more than 850 attorneys among 18 offices in Beijing, Brussels, Charlotte, Chicago, Dubai, Hong Kong, Houston, London, Los Angeles, Moscow, New York, Newark, Paris, San Francisco, Shanghai, Silicon Valley, Taipei, and Washington, D.C. Our firm serves the needs of enterprises of all types and sizes, in both the private and the public sector. The exceptional depth and geographic reach of our resources enable Winston to manage virtually every type of business-related legal issue. The firm’s practice encompasses virtually every major legal discipline, including trial practice and litigation, white-collar criminal defense and enforcement, corporate internal investigations, antitrust and trade regulation, corporate and financial, intellectual property, labor and employment, employee benefits and executive compensation, real estate, tax, environmental law, federal and state legislative and regulatory, health care, and trusts and estates.