Broadcast Date: Tuesday, October 10, 2023
from 12:00 pm to 1:30 pm (ET)

Overview:

Section 337 investigations at the United States International Trade Commission (ITC) involve high-stakes and complex procedures. These are governed by unique cross-disciplinary rules which call for a deep understanding of the ITC’s thought process and a specialized defense strategy for one’s intellectual property rights. To prevail in Section 337 investigations and dodge red flags, attorneys and practitioners should stay close to the recent developments in this field of law.

Join a panel of key thought leaders and practitioners organized by The Knowledge Group as they delve deep into the ins and outs of ITC Section 337 investigations. The speakers will offer must-have strategies to help parties attain the best outcome.

Key issues that will be covered in this course are:

  • Recent Developments in ITC’s Procedures
  • New Challenges in Managing Section 337 Investigation
  • Best Strategies to Prevail in a Section 337 Investigation
  • Relevant Court Decisions
  • Issues to Watch Out For

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of international trade law

 

Course Code:

1410867

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.5 CLE

Speaker Panel:

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).

Adam J. Moore, Associate Principal
Intellectual Property Economic Consultant

Charles River Associates

Adam J. Moore is an Associate Principal in the Intellectual Property Practice at Charles River Associates and has applied his financial and economic expertise to a broad range of IP litigation, valuation, and transactional matters. He has evaluated domestic industry and other economic issues in Section 337 Investigations on behalf of both Complainants and Respondents in a variety of industries, including medical devices, consumer products and services, automobiles, electronic devices, industrial tools, and software. His IP litigation experience includes the development of complex financial models to determine economic damages, including lost profits, reasonable royalties, and unjust enrichment. Adam also has experience with valuation and strategy assignments dealing with licensing and M&A transactions. His experience includes all types of IP assets, including patents, trade secrets, trademarks, and copyrights.

Tony Pezzano, Principal
Trial Specialist in Both the Federal District Courts and ITC

Offit Kurman

Tony Pezzano is a Principal in the New York offices of Offit Kurman. Tony has successfully tried numerous cases in federal district courts, including both bench and jury trials, 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. One of Tony’s major areas of focus has been as lead counsel for brand pharmaceutical companies in over two dozen filed Hatch-Waxman cases involving antibiotic, antiviral, antifungal, anticoagulant, anti-organ transplant rejection, treatment of asthma and male pattern baldness drug products. Another major focus has been Tony’s representation of both Complainants and Respondents in ITC Section 337 investigations involving biologics, SeaDoos/WaveRunners, wireless communication devices, including mobile phones and tablets, computer routers and Segways/hoverboards. Tony has obtained temporary exclusion orders, preliminary and permanent 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.

Agenda:

SEGMENT 1

Cyrus T. Frelinghuysen, Of Counsel

Greenberg Traurig, LLP

  • The Role of the Public Interest Factors in Section 337 Investigations Involving Semiconductor Technology
    • An Introduction and Overview of the Public Interest Factors
    • History, Statistics, and Trends Related to the Public Interest Factors
    • Public Interest in Recent Investigations Involving Semiconductors

 

SEGMENT 2

Adam J. MooreAssociate Principal

Charles River Associates

  • The Economic Prong of the Domestic Industry Requirement
    • An Introduction and Overview of the Economic Prong of the Domestic Industry Requirement
    • History, Statistics, and Trends Related to the Economic Prong of the Domestic Industry Requirement
    • Domestic Industry Issues in Recent Investigations Involving Semiconductors

 

SEGMENT 3

Tony PezzanoPrincipal

Offit Kurman

  • Strategies for Defending Against Patent Trolls in Section 337 Investigations Involving Semiconductor Technology
    • An Introduction and Overview of the 100 Day ID Procedure and Interim ID Pilot Program
    • The 100 Day ID Procedure and Interim ID Pilot Program Provide a High Barrier to Patent Trolls
    • Domestic Industry Requirements Pose Another High Barrier to Patent Trolls
    • Recent Investigations in Semiconductors Pave a Difficulty Road for Patent Trolls

Date & Time:

Tuesday, October 10, 2023

12:00 pm to 1:30 pm (ET)

Who Should Attend:

  • International Trade Law Attorneys
  • Intellectual Property Lawyers/Consultants
  • Patent Lawyers and Consultants
  • Corporate Lawyers
  • Chief Compliance Officers
  • Chief Risk Officers
  • Trade Compliance Administrators and Managers
  • Intellectual Property Managers
  • Patent Agents
  • Patent Managers
  • General Counsel

SPEAKERS

Cyrus T. FrelinghuysenOf Counsel
ITC Litigation Expert
Greenberg Traurig, LLP
Adam J. MooreAssociate Principal
Intellectual Property Economic Consultant
Charles River Associates
Tony PezzanoPrincipal
Trial Specialist in Both the Federal District Courts and ITC
Offit Kurman

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