PLAY RECORDING

Broadcast Date: Tuesday, September 27, 2022
from 3:00 pm to 4:00 pm (ET)

Overview:

The US International Trade Commission (ITC) remains the avenue for investigating complex intellectual property (IP)-related disputes. Successful representation at the ITC draws heavily on strategic capabilities to handle intricate claims and high-stake investigations. Keen insights into the complex litigation process can help IP practitioners tie their strategies together. Thus, the need to be abreast of recent developments and up-to-date litigation techniques is now more important than ever.

In a LIVE Webcast, recognized thought leaders in international trade and compliance Cyrus T. Frelinghuysen (Greenberg Traurig, LLP) and Tony V. Pezzano (Offit Kurman) will discuss the significant and latest developments surrounding ITC litigation. The speakers will also share practical litigation tools and techniques to ensure success in this type of lawsuit.

Key topics include:

  • Recent Developments in ITC Practice and Filings
  • Notable Cases and Court Decisions
  • How to Achieve Successful Outcome at the ITC
  • Significant Issues and Challenges
  • Mapping Your Litigation Strategies

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of international trade law

 

Course Code:

149899

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Tony V. Pezzano, Principal
Former President of the ITC Trial Lawyers Association

Offit Kurman

Tony V. Pezzano is a Principal in the New York offices of Offit Kurman. Tony has successfully tried numerous cases in federal district courts and the ITC involving technology innovation across a diverse range of industries, including consumer, recreational and pharmaceutical products, chemical and petroleum products and processes, wireless telecommunication devices and equipment, computer software, hardware and systems, audio and video products and printing engines and systems. Tony has obtained both injunctions on behalf of his clients in federal district courts as well as exclusion and cease and desist orders in ITC Section 337 investigations. Tony is Past President (2009) of the ITC Trial Lawyers Association.

Cyrus T. Frelinghuysen, Of Counsel
ITC Litigation Expert

Greenberg Traurig, LLP

Cyrus Frelinghuysen focuses his practice on intellectual property and trade matters, concentrating in particular on unfair import (a.k.a., Section 337) investigations before the U.S. International Trade Commission (ITC). Cyrus has represented both complainants and respondents in all phases of Section 337 proceedings. The cases Cyrus has handled have involved a variety of technologies, such as telecommunications equipment, mobile devices, semiconductors, and pharmaceuticals. Cyrus has also advised clients on compliance and enforcement matters, including matters involving U.S. Customs and Border Protection (CBP), the Office of Foreign Assets Control (OFAC), and the Foreign Corrupt Practices Act (FCPA).

Agenda:

SEGMENT 1

Cyrus T. FrelinghuysenOf Counsel

ITC Litigation Expert

Greenberg Traurig, LLP

  • Changes, Trends, and Developments at the ITC in 2022
    • The ITC’s Administrative Law Judges: Arrivals and Departures
    • Announcement of the Interim Initial Determination Program
    • Recent Case Trends at the ITC
  • Developments in the Domestic Industry Requirement
    • Overview of the Economic Prong of the Domestic Industry Requirement
    • Recent Cases regarding the Economic Prong
  • The ITC’s Public Interest Factors and Remedial Orders
    • Overview of the Public Interest Factors
    • Recent Cases involving the Public Interest Factors

 

Segment 2

Tony V. PezzanoPrincipal

Former President of the ITC Trial Lawyers Association

Offit Kurman

The Political Pendulum Relating to The Enforcement of FRAND-Encumbered Standard Essential Patents

  • The Policy Relating to Enforcement of FRAND-Encumbered Standard Essential Patents (SEPs) By Presidential Administration
    • The Obama Administration 2013 Policy Statement Focused on Antitrust Concerns Based On SEP Holder/Innovator Industry Hold-Up
    • The Trump Administration Withdrew The 2013 Policy Statement And Issued A New 2019 Policy Statement Focused on A Balanced Approach Considering Both Hold-Up And Hold-Out And Making All Remedies Available To SEP Holders/Innovators For Infringement of FRAND-Encumbered SEPs
    • The Biden Administration Withdrew The 2019 Policy Statement Without Further Clarification
    • The DOJ Under The Biden Administration And Split Opinions Among FTC Commissioners Are Already Weighing In After The Withdrawal Of The Trump Administration’s 2019 Policy Statement
  • The Importance Of The Policy Relating To FRAND-Encumbered SEPs Moving Forward To Facilitate And Not Hinder The Incentive For Innovation Afforded By Strong IP Rights
  • The Current State Of Controlling Precedent Relating To The Enforcement Of FRAND-Encumbered SEPS
    • Under Current Federal Circuit Precedent, There Is No per Se Rule Denying an Injunction to a FRAND-Encumbered SEP Holder/Innovator nor Can a District Court Enjoin a Party Seeking an ITC Exclusion Order for a FRAND-Encumbered SEP
    • Update on ITC Section 337 Investigation Case Authority Relating to Enforcement of FRAND-Encumbered SEPs
  • Two Proposals – One For The ITC And The Other For Federal District Court Disputes Involving FRAND-Encumbered SEP Enforcement – That Embrace A Balanced Approach Considering Both Hold-Up And Hold-Out And Provide A Safe Harbor From Antitrust Liability
    • Proposal for Addressing FRAND-Encumbered SEP Enforcement via Pleading Requirements in a Complainant’s Public Interest Statement Followed by Use of the ITC’s 100 Day Initial Determination (ID) Procedure or Interim ID Pilot Program
    • Proposal for Requesting an Injunction With Respect to FRAND-Encumbered SEPs in Federal District Courts

Date & Time:

Tuesday, September 27, 2022

3:00 pm to 4:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Intellectual Property Lawyers/Consultants
  • Patent Lawyers and Consultants
  • Corporate Lawyers
  • Intellectual Property Managers
  • Patent Agents
  • Patent Managers
  • General Counsel
  • Legal and Compliance Executives

SPEAKERS

Tony V. PezzanoPrincipal
Former President of the ITC Trial Lawyers Association
Offit Kurman
Cyrus T. FrelinghuysenOf Counsel
ITC Litigation Expert
Greenberg Traurig, LLP

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