Section 337 Investigations at the ITC: An In-Depth Look at the Recent Trends and Court Rulings

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 spanning more than twenty years, 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.

Bonnie Harvey is a Senior Director at FTI Consulting and is based in Dallas. She specializes in dispute consulting services and has more than thirteen years of professional experience in applying financial, accounting, and economic principles to complex business disputes over a variety of engagements. Ms. Harvey has significant experience in disputes involving intellectual property, including matters brought before the ITC. She also has experience in disputes involving securities class actions, breach of contract, lost profits/earnings, business valuations, and class certification matters. Her assignments have been in a wide range of industries, including financial services, insurance, pharmaceuticals, health care, rare earth metals, technology, telecommunications, automotive, and computer software.

Ms. Harvey is also a Certified Valuation Analyst through NACVA.

Tuhin Ganguly is a partner and registered patent attorney in the Intellectual Property Department of Pepper Hamilton. Mr. Ganguly focuses his practice on patent litigation, with a particular emphasis on Section 337 investigations before the U.S. International Trade Commission. Mr. Ganguly has experience in a wide variety of technologies including digital imaging technology, mobile applications, web applications, digital signal processing (optical and audio), integrated circuit technologies, LED technology, biotechnology and medical devices. He has litigated cases before the U.S.I.T.C and in federal court involving mobile phones, laptops, digital music equipment, optical disk drives, integrated circuits, lighting devices, graphics processors, medical devices and automotive components.

In addition to patent litigation, Mr. Ganguly has experience prosecuting patent applications, performing portfolio evaluations, rendering validity and infringement opinions, licensing technologies, and providing strategic counseling to clients with regard to their intellectual property.