Broadcast Date: Thursday, June 04, 2020
from 12:00 pm to 2:00 pm (ET)
Overview:
Patent investigations brought under International Trade Commission (ITC) have seen an upward trend in recent years. Consequently, as several types of products and components are imported in the U.S., an increase in patent litigation is also expected – a scenario that may put a large number of U.S. companies and their consumers at risk.
Furthermore, despite having ITC Section 337 investigations on the lookout, companies still need to prepare for possible contingency plans especially that the current legal landscape is clouded with emerging trends and developments.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the recent ITC section 337 investigations and developments. Speakers will also present all important issues surrounding this topic including the emerging developments from the federal circuit.
Key Issues:
- An Overview of ITC Section 337 Investigation
- Emerging Trends and Developments
- Notable Court Rulings and Decisions
- Potential Risks and Issues
- Practical Tips and Strategies
- Outlook
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
Prerequisite:
General knowledge of patent and international trade laws
Course Code:
148579
NASBA Field of Study:
Business Law – Technical
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
2.0 CLE
2.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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/
CPE State Requirements:
Speaker Panel:
Jordan Coyle, Partner
Orrick Herrington & Sutcliffe LLP
Section 337 investigations pose an enormous risk. Without proper counsel, the speed, complexity and potential cost can overwhelm companies and drain precious resources. Having handled nearly 60 such investigations, Jordan understands those risks, and how to safely and efficiently guide complainants, respondents and non-parties toward the best possible result.
Legal 500 recently described Jordan as “the heart of the practice”, who “offers a wealth of ITC experience and knowledge, while maintaining a level of responsiveness and approachability that is second to none.” He’s managed all aspects of Section 337 investigations, including eight trials, from pre-complaint counseling and diligence to Federal Circuit appeals. The investigations have covered technologies including smartphones, tablets, televisions, flash memory, semiconductors, and medical devices.
Ryan N. Herrington, Senior Managing Director
FTI Consulting
Ryan N. Herrington is a Senior Managing Director at FTI Consulting and is based in Dallas. Mr. Herrington has more than eighteen years of professional experience in applying financial, accounting, and economic principles to complex business disputes over a variety of engagements. Mr. Herrington has significant experience in disputes involving intellectual property, including matters brought before the ITC. Mr. Herrington has served as an expert witness and testified in deposition and trial. Mr. Herrington’s intellectual property experience includes matters involving patent, trademark and copyright infringement as well as trade secret misappropriation. Mr. Herrington has also participated in ITC enforcement proceedings. Mr. Herrington co-authored a chapter in the Litigation Services Handbook on the role of financial experts in ITC investigations.
Cyrus T. Frelinghuysen, Of Counsel
Greenberg Traurig, LLP
Cyrus Frelinghuysen is Of Counsel in Greenberg Traurig’s Washington, D.C. office. He focuses his practice on intellectual property and trade matters. Cyrus has litigated disputes in district courts and before the U.S. International Trade Commission (ITC), having handled numerous investigations under Section 337 of the Tariff Act of 1930. Cyrus also advises clients on compliance and enforcement matters, including U.S. Customs and Border Protection (CPB), the Office of Foreign Assets Control (OFAC), and the Foreign Corrupt Practices Act (FCPA). He has represented clients across a variety of sectors and technologies, such as telecommunications equipment, mobile devices, semiconductors, and pharmaceuticals.
Tony V. Pezzano, Partner
DLA Piper LLP
Tony Pezzano is a partner in the New York offices of DLA Piper LLP (US). Tony has successfully tried numerous cases in federal district courts and the ITC involving technology innovation across a diverse range of industries. Tony has been lead counsel for brand pharmaceutical companies in over two dozen filed Hatch-Waxman cases during the past ten years involving antibiotic, antiviral, antifungal, anticoagulant, and anti-organ transplant rejection drug products. Tony has also represented 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. Few attorneys, if any, can match Tony’s record of obtaining both injunctions in Hatch-Waxman cases 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:
Jordan Coyle, Partner Orrick Herrington & Sutcliffe LLP
- Preparing a Section 337 complaint from a complainant’s perspective
- Timeline
- Elements of a Section 337 claim
- Identify key witnesses
- Responding to a Section 337 complaint from a respondent’s perspective
- Assess scope
- Identify key witnesses
- Retain counsel and experts
- Analyze potential complaint vulnerabilities
- Consider retaliatory action
Ryan N. Herrington, Senior Managing Director FTI Consulting
and
Cyrus T. Frelinghuysen, Of Counsel Greenberg Traurig, LLP
- “Recent” Developments on Issues Unique to Section 337 Investigations
- Domestic Industry Requirement
- What types of investments may be relied upon?
- Do both pre- and post-filing investments count?
- How do you know whether investments are “significant” or “substantial”?
- Importation Requirement
- What is the scope of the importation requirement?
- Remedy / Public Interest
- When do the public interest factors impact remedy?
- Are remedies available with respect to standard-essential patents?
- Domestic Industry Requirement
Tony V. Pezzano, Partner DLA Piper LLP
Non-traditional, Non-patent Use of ITC Section 337
- ITC Section 337 is a broad unfair trade statute, not limited to patent protection
- Examining increase in trade secret misappropriation investigations, including establishing injury to DI, after Tianrui
- Examining false advertising investigations after Amarin
- Examining trade dress infringement investigations after Converse
- Examining trademark infringement investigations after Swagway and B&B Hardware
- Examining antitrust investigations after U.S. Steel and Exogenous Beta-Hydroxybutyrate Nutraceutical Products
Date & Time:
Thursday, June 04, 2020
12:00 pm to 2:00 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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