Section 337 Investigations at the ITC: An In-Depth Look at the Recent Trends and Court Rulings
Overview:
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 LIVE 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:
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
Eric W. Schweibenz is a partner in Oblon’s Litigation and ITC Litigation practice groups focused on patent litigation in the …
Bonnie Harvey is a Senior Director at FTI Consulting and is based in Dallas. She specializes in dispute consulting services …
Tuhin Ganguly is a partner and registered patent attorney in the Intellectual Property Department of Pepper Hamilton. Mr. Ganguly focuses his …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
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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SPEAKERS' FIRMS:
About Oblon, McClelland, Maier & Neustadt, L.L.P.
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/
About FTI Consulting
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/
About Pepper Hamilton LLP
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/