Broadcast Date: Friday, February 12, 2021
from 3:00 pm to 4:00 pm (ET)


The International Trade Commission (ITC) is continuing its efforts to develop effective alternative procedures to continuously conduct Section 337 investigations even amidst the growing impact of the pandemic. Recently, the ITC has developed a Three-Phase Plan as part of its COVID-19 response and monitoring program before resuming normal on-site business operations.

While the status of the plan is currently in progress, ITC’s proposed modified practices and procedures in conducting Section 337 investigations remain in effect. Thus, it becomes important for companies to be on top of every development and update in this area of law to avoid legal risks and issues.

In this LIVE Webcast, ITC litigation experts Jason Engel (K&L Gates) and Andrew Clarke (Analysis Group) will provide the audience with an in-depth discussion of the ITC Section 337 Investigations amid the COVID-19 pandemic. Speakers will also present the important issues surrounding this topic, including the significant measures to be taken in dealing with the arising challenges.

Some of the major topics that will be covered in this course are:

  • The ITC Section 337 Investigations Amid COVID-19
  • Recent Trends and Developments
  • Significant Implications
  • Risks, Issues, and Challenges
  • Practical Tips and Strategies
  • Outlook


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

On-demand Webcast (CLE); Group-Internet Based



General knowledge of patent laws


Course Code:



NASBA Field of Study:

Business Law – Technical


NY Category of CLE Credit:

Areas of Professional Practice


Total Credit:

1.0 CLE

1.0 CPE (Not eligible for QAS (On-demand) CPE credits)

Speaker Panel:

Andrew Clarke, Vice President
Analysis Group

Mr. Clarke specializes in applying economic and financial theory to a range of complex business disputes, in both litigation and non-litigation contexts. His experience includes assessing damages related to patent infringement; determining the fair market value of businesses; and analyzing domestic industry, remedy, and public interest issues at the International Trade Commission (ITC). Mr. Clarke has provided support for clients and testifying experts at all stages of the litigation process, from pre-litigation consulting and discovery to trial and post-trial appeals. He has published and presented on topics related to standard essential patents, IP damages, and the ITC.

Jason Engel, Partner
K&L Gates LLP

Jason Engel, a partner with K&L Gates, is an experienced ITC litigator and the Global Chair of the firm’s Post-Grant Patents Practice.

Jason is a registered patent attorney with an Electrical Engineering degree. He is a first chair litigator with extensive patent litigation experience. Jason has been involved with several investigations before the ITC, including through hearing and appeal. As the leader of the firm’s post-grant practice, Jason has been involved in dozens of PTAB matters. In this regard, he successfully argued the second-ever IPR appeal to Federal Circuit.


Andrew Clarke, Vice President

Analysis Group

  • Current trends and developments from the consultancy perspective

Jason Engel, Partner

K&L Gates LLP

General Trend — still many ITC cases despite COVID; cases proceed remotely; cost savings since less travel required

  • Service of Process
    • Instead of the Commission doing the service, the Commission now has rules requiring the Complainant to serve the complaint and Notice of Investigation.
    • However, those rules can create problems in situations where foreign laws prevent such service process
  • Adjustment of Ground Rules
    • Every ALJ has made changes to his or her ground rules in light of COVID.
    • The most notable change is in the filing of documents.  Previously, most judges had rules requiring paper submission of pleadings, motions, briefs, and exhibits.  Those rules have all been superseded and new, temporary rules are in place.
  • Hearings – WebEx Platform
    • Hearings (including the Evidentiary Hearing / Trial) are now conducted using the Commission’s WebEx solution.
  • Discovery
    • Inspection
      • In the ITC it is common to inspect the facilities of both Complainants (for DI purposes) and Respondents (for infringement and capacity purposes)
      • Conducting inspections is more difficult now
    • Remote Source Code Review
      • The Commission’s ALJs have not yet ordered remote source code review over the objection of the parties.
      • That issue has been resolved by agreement, but only after ALJs warned that they were close to ordering remote production of source code
      • Parties so far have used third party solutions to protect source code during remote review and have used video monitoring of the review process.
      • Whether to allow remote review to occur during depositions is an issue that arises in investigations
    • Remote Depositions
      • Depositions are occurring almost exclusively remotely.
      • Remote depositions raise issues of whether to defend the witness in person.
      • Many of the depositions against foreign respondents requiring translation
      • Remote depositions also raise issues regarding the location of the main and check interpreters and court reporter.
      • Our experience is that it is best to have the main and check interpreters with the witness and to have defending counsel with the witness as well.
      • That can create issues with travel and quarantine, so planning ahead is critical.
    • Settlement / Mediation
      • Most ALJs have historically required an in-person, full day mediation during the discovery period.
      • Mediation now occurs remotely.

Date & Time:

Friday, February 12, 2021

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

Who Should Attend:

  • IP and Related Lawyers and Consultants
  • Compliance Officers
  • General Counsel
  • International Trade Law Attorneys
  • Trade Compliance Administrators and Managers
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Andrew ClarkeVice President
Analysis Group
Jason EngelPartner
K&L Gates LLP



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