Section 337 Investigations at the ITC: An In-Depth Look at the Recent Trends and Court Rulings
Live Webcast Date:
Tuesday, October 22, 2019 from 12:00 pm to 2:00 pm (ET)
Online CLE Section 337
Join us for this Knowledge Group Online CLE Section 337 Webinar. Recent amendments in the Section 337 investigations of the U.S. International Trade Commission (ITC) has continuously shaped the ever-changing trade law landscape. Although it has involved higher stakes for both patent holders and parties accused of importing accused products into the United States, the ITC is becoming increasingly popular for handling challenges relating to trademarks, copyrights, trade secrets, and unfair competition.
For the past years, ITC has conducted investigations under Section 337 and almost 90 percent are of intellectual property cases. The number of investigations established every fiscal year has dramatically increased since 2009 especially in the biopharma/medical device sector.
In this Webcast, a panel of distinguished professionals and thought leaders brought together by The Knowledge Group will discuss the latest developments and significant court rulings relating to ITC Section 337 investigations. They will provide an in-depth analysis of the investigation framework, and will also offer practical tips and strategies that will help practitioners overcome potential challenges.
Key topics include:
- ITC Section 337: Notable Court Rulings and Decisions
- Latest Developments
- Addressing Common Challenges
- Practical Tips and Best Practices
- Outlook
Agenda
SEGMENT 1:Eric W. Schweibenz, Partner
Oblon, McClelland, Maier & Neustadt, L.L.P.
- ITC remains a popular and friendly forum for resolving IP disputes (filing, settlement, and win rates are relatively high);
- Rising use of 101 and lack of standing defenses at ITC; and
- Trends and considerations regarding use of IPRs in response to Section 337 complaint.
Bonnie E. Harvey, Senior Director
FTI Consulting
- Practical tips for establishing a complainant’s domestic industry, including a discussion of: (1) the types of documents that are generally preferred when quantifying investments for the economic prong of the domestic industry requirement; (2) different allocation approaches to consider when assessing the economic prong of the domestic industry requirement, and what types of documents are generally preferred under each approach; and (3) the types of analyses to consider when assessing the significance and/or substantiality of the domestic industry investments.
- Recent case law to consider when establishing the economic prong of the complainants domestic industry requiremen
Tuhin Ganguly, Partner
Pepper Hamilton LLP
- Public interest
- Domestic industry
- Changes in trial practice
Who Should Attend
- IP and Related Lawyers and Consultants
- Compliance Officers
- Corporate Counsel
- IP and Related Officers and Managers
Online CLE Section 337
SEGMENT 1:Eric W. Schweibenz, Partner
Oblon, McClelland, Maier & Neustadt, L.L.P.
- ITC remains a popular and friendly forum for resolving IP disputes (filing, settlement, and win rates are relatively high);
- Rising use of 101 and lack of standing defenses at ITC; and
- Trends and considerations regarding use of IPRs in response to Section 337 complaint.
Bonnie E. Harvey, Senior Director
FTI Consulting
- Practical tips for establishing a complainant’s domestic industry, including a discussion of: (1) the types of documents that are generally preferred when quantifying investments for the economic prong of the domestic industry requirement; (2) different allocation approaches to consider when assessing the economic prong of the domestic industry requirement, and what types of documents are generally preferred under each approach; and (3) the types of analyses to consider when assessing the significance and/or substantiality of the domestic industry investments.
- Recent case law to consider when establishing the economic prong of the complainants domestic industry requiremen
Tuhin Ganguly, Partner
Pepper Hamilton LLP
- Public interest
- Domestic industry
- Changes in trial practice
Online CLE Section 337
Eric W. SchweibenzPartnerOblon, McClelland, Maier & Neustadt, L.L.P.
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 E. HarveySenior DirectorFTI Consulting
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 GangulyPartnerPepper Hamilton LLP
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.
Online CLE Section 337
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method Of Presentation:
On-demand Webcast
Prerequisite:
Experience in international trade law
Course Code:
148184
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
2.0 CLE
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About the Knowledge Group
The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.
Speaker Firms
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Faculty
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Eric W. Schweibenz
Partner
Oblon, McClelland, Maier & Neustadt, L.L.P.
Partner
Oblon, McClelland, Maier & Neustadt, L.L.P.
Bonnie E. Harvey
Senior Director
FTI Consulting
Senior Director
FTI Consulting
Tuhin Ganguly
Partner
Pepper Hamilton LLP
Partner
Pepper Hamilton LLP
About the Knowledge Group
The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.
For nearly 50 years, Oblon has provided a full range of intellectual property services to companies based in Japan, Taiwan, 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/
FTI Consulting, Inc. is a global business advisory firm dedicated to helping organizations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. With more than 4,600 employees located in 28 countries, FTI Consulting professionals work closely with clients to anticipate, illuminate and overcome complex business challenges and make the most of opportunities.
FTI Consulting’s Intellectual Property practice consists of seasoned professionals across multiple academic disciplines possessing a wealth of specialized knowledge allowing for in-depth consulting and expert witness assistance. FTI Consulting has worked on behalf of both Complainants and Respondents in performing a wide variety of economic, financial, accounting and quantitative analyses and have testified numerous times on such issues at the ITC. FTI Consulting Intellectual Property professionals are also familiar with the complex documents and information that are often relied upon in ITC Section 337 investigations as well as the accelerated schedule requirements at the ITC.
Website: https://www.fticonsulting.com/
Pepper Hamilton LLP counsels each client as if it were our only client. With more than 425 lawyers in 14 offices across the United States, we use the unique skills and talents of our people, the breadth of our practices, and the depth of our experience to deliver powerful solutions to clients’ legal and business issues.
Our firm has grown from a two-person law office formed in Philadelphia to a large, sophisticated law firm with a national and international practice. While much about Pepper is new and different from its beginnings, we retain traditional values passed down through the decades: respect for the rule of law, pride in an excellent work product and commitment to the client's cause. Today, Pepper Hamilton is a diverse firm of men and women from a broad spectrum of backgrounds, united in these values.
Website: https://www.pepperlaw.com/
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.
