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Overview:

Recent developments concerning International Trade Commission (ITC) litigation and enforcement continue to shape the international trade law. With the onset of the COVID-19 pandemic, the number of new complaints filed at the ITC surged in the second half of 2020. Although modified administrative and procedural rules for discovery were implemented to ensure timely and on track investigations, businesses and their counsel should not be complacent.

To achieve a favorable outcome, it is essential that they keep themselves in the loop of any emerging development in international trade law. They must also plan for sound strategies to successfully manage ITC litigation and enforcement.

Join a panel of key thought leaders and industry experts assembled by The Knowledge Group as they delve into the most up-to-date developments in ITC litigation and enforcement. Speakers will also demystify common regulatory red flags as well as techniques for effective case management.

Key issues that will be covered in this course are:

  • ITC Litigation: Filing Trends and Statistics
  • Investigation and Enforcement Priorities
  • Regulatory Updates on International Trade Law
  • Notable Cases and Court Decisions
  • Common Litigation Red Flags
  • Best Case Management Techniques
  • ITC Litigation and Enforcement – Post-Pandemic

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:

149083

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.5 CLE


How to Claim CLE Credits Per State:

https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

Tony Pezzano, Principal
Offit Kurman

In his 30-year career as a patent litigator, Tony Pezzano has successfully tried cases involving technology innovation across a diverse range of industries − particularly consumer, recreational and pharmaceutical products; chemical and petroleum products and processes; wireless telecommunication devices and equipment; computer software, hardware, and systems; and printing engines and systems. He has been first chair counsel in numerous trials in the federal district courts, including both bench and jury trials, and International Trade Commission (ITC) Section 337 Hearings. One of Mr. Pezzano’s major areas of focus has been his representation of brand pharmaceutical companies in suits against generic drug companies under the Hatch-Waxman Act. He has served as lead counsel for brand pharmaceutical companies in over two dozen filed Hatch-Waxman cases during the past fifteen years involving antibiotic, antiviral, antifungal, anticoagulant, and anti-organ transplant rejection drug products and in the ITC 337-568 Recombinant Human Erythropoietin investigation. Tony is Past President (2009) of the ITC Trial Lawyers Association.

Daniel J. Melman, Partner
Pearl Cohen Zedek Latzer Baratz LLP

Daniel Melman is a Partner in the Patent Litigation Group at Pearl Cohen’s New York office. He is an experienced intellectual property litigation and trial attorney, with a focus on patents, trade secrets, and other complex matters across various technologies and industries. He concentrates his practice on the protection and enforcement of intellectual property assets and defending clients against claims of infringement.

Daniel has taken lead roles in all aspects and phases of litigation, trials, and appeals in federal courts throughout the United States, in the United States Patent Office, and in the International Trade Commission as well as coordinating multinational parallel litigation proceedings. Daniel has also served as a guest lecturer on IP rights for innovators and entrepreneurs. Prior to attending law school, Daniel worked as an engineer at a Fortune 1000 company.

Edward A. Pennington, Partner
Smith, Gambrell & Russell, LLP

Mr. Pennington has successfully tried many jury cases to verdict, both on the plaintiff’s side and the defense, in a wide range of technical fields including biotechnology, wireless communication and networking, computer architecture and hardware, software implementing a wide variety of functionality, navigation devices, encryption and cryptography, medical devices, automotive components, ceramic materials and metal alloys.

Mr. Pennington has extensive experience with the tribunals of the US Patent and Trademark Office, including the Trademark Trial and Appeal Board, the Board of Patent Appeals and Interferences, miscellaneous petitions to the Director for extraordinary relief. His litigation practice includes appellate work at the Court of Appeals for the Federal Circuit and other Circuit Courts of Appeals, and the U.S. Supreme Court.

Agenda:

SEGMENT 1:

Tony PezzanoPrincipal

Offit Kurman

Update On Section 337 Biopharma Investigations

  • Section 337 Biopharma Statistics
  • Recent Section 337 Decisions Of Interest For Biopharma Products
    • Botulinum Toxic Products, 337-1145
    • Strontium-Rubidium Radioisotope Infusion Systems, 337-1110
    • Synthetically Produced, Predominantly EPA Omega-3 Products, 337-3247
    • Recombinant Factor VIII, Inv. No. 337-956
  • Impact of FDA on Section 337 Jurisdiction
    • Lanham Act false product label claims
    • Hatch-Waxman
    • Biologics Price Competition and Innovation Act (“BPCIA”)
  • Issues Relating to Importation of Biopharma Products
  • Public Interest Issues Relating to Biopharma Products

SEGMENT 2:

Daniel J. MelmanPartner

Pearl Cohen Zedek Latzer Baratz LLP

  • Recent uptick in non-patent IP cases at the ITC (recent significant Section 337 investigations involving trade secrets)
  • The ITC continues to produce complainant win-rates that outpace district court patentee win rates
  • Developments in the Domestic Industry Requirement
  • Respondents’ use of the ITC’s 100-Day Early Disposition Program

SEGMENT 3:

Edward A. PenningtonPartner

Smith, Gambrell & Russell, LLP

  • Is litigation funding, now prevalent in district court patent litigation, gaining traction at the ITC? pros and cons
  • Are ITC 337 filings up, down or stable during covid, and where will they trend as covid subsides?
  • Are IPR filings good bad or indifferent for ITC cases?
  • Appellate review of ITC cases - are reversal rates trending up, down or stable?
  • Are NPE filings trending up, down or stable, and will congress take action to discourage their use of the ITC?

Date & Time:

Wednesday, April 28, 2021

3:00 pm to 4:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • International Trade Law Lawyers
  • In-house Counsel
  • Trade Compliance Administrators and Managers
  • Private and Public Companies
  • Multinational Companies

SPEAKERS

Tony PezzanoPrincipal
Offit Kurman
Daniel J. MelmanPartner
Pearl Cohen Zedek Latzer Baratz LLP
Edward A. PenningtonPartner
Smith, Gambrell & Russell, LLP

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