ITC Litigation

Tuesday, January 27, 2009

About

As any intellectual property or international trade attorney has seen, Section 337 litigation has developed from a relatively obscure niche practice into a booming industry that is growing exponentially. As a result, the high speed, high pressure, high results docket is struggling under the magnitude and number of recently filed cases. The timetable for cases continues to grow longer, adding additional costs and delaying the potential injunctive relief. Even the most experience ITC litigators are stumped by the high slowingof motion practice, the high volume of document review, and the increase in number of parties on any given case.

As ITC develops into a mainstay of intellectual property litigation, knowing how to navigate the Commission and the ITC courts has never been so important. Now an essential component of every business’ overall patent strategy, managing time and cost in an ITC action, as well as discovery, can offer a tremendous advantage over a competitor. The court is seeing an astounding number of foreign complainants avail themselves of the significant, concrete remedies that the court can provide in a whirlwind time period. The growth of cases filed by telecommunication, electrical, software, and other high-tech industries is staggering and complicated. Discovery demands and responses, once overwhelming in their breadth and volume, continue to explode in size as respondents may number in the dozens, and may represent that number of nations of origin. It is essential to have policies and strategies, as well as experienced practitioners, cognizant and familiar with all ITC practices.

ACI has developed a program that scrutinizes the most common struggles of any ITC action and offers practical solutions to these challenges. Insights from the Chief Judge of the ITC
on perspective of court, as well as from Commission Staff and U.S. Customs will be invaluable to any ITC practitioner, as well as any business that faces a Section 337 action. The faculty for the Advanced Forum on ITC Litigation – including senior practitioners and Commission staff – will offer insights into current trends and issues involved in an ITC action

.

Contents & Contributors

About

As any intellectual property or international trade attorney has seen, Section 337 litigation has developed from a relatively obscure niche practice into a booming industry that is growing exponentially. As a result, the high speed, high pressure, high results docket is struggling under the magnitude and number of recently filed cases. The timetable for cases continues to grow longer, adding additional costs and delaying the potential injunctive relief. Even the most experience ITC litigators are stumped by the high slowingof motion practice, the high volume of document review, and the increase in number of parties on any given case.

As ITC develops into a mainstay of intellectual property litigation, knowing how to navigate the Commission and the ITC courts has never been so important. Now an essential component of every business’ overall patent strategy, managing time and cost in an ITC action, as well as discovery, can offer a tremendous advantage over a competitor. The court is seeing an astounding number of foreign complainants avail themselves of the significant, concrete remedies that the court can provide in a whirlwind time period. The growth of cases filed by telecommunication, electrical, software, and other high-tech industries is staggering and complicated. Discovery demands and responses, once overwhelming in their breadth and volume, continue to explode in size as respondents may number in the dozens, and may represent that number of nations of origin. It is essential to have policies and strategies, as well as experienced practitioners, cognizant and familiar with all ITC practices.

ACI has developed a program that scrutinizes the most common struggles of any ITC action and offers practical solutions to these challenges. Insights from the Chief Judge of the ITC
on perspective of court, as well as from Commission Staff and U.S. Customs will be invaluable to any ITC practitioner, as well as any business that faces a Section 337 action. The faculty for the Advanced Forum on ITC Litigation – including senior practitioners and Commission staff – will offer insights into current trends and issues involved in an ITC action

.

Contents & Contributors

View from the Bench
Honorable Paul J. Luckern, Chief Administrative Law Judge, United States International Trade Commission
(Washington, D.C.)

View from the ITC Commission
Lynn I. Levine, Director, Office of Unfair Import Investigations, United States International Trade Commission
(Washington, D.C.)

Exploring New and Developing Challenges in ITC Litigation
Yar R. Chaikovsky, Partner, Sonnenschein Nath & Rosenthal (Palo Alto, CA)
Lyle Vander Schaaf, Partner, Bryan Cave LLP (Washington, D.C.)

Maximizing Relationships with the ITC: Initiating an Action, Working with the Staff, and Instituting the Best Practices for a Favorable Outcome
Alice A. Kipel, Partner, Steptoe & Johnson LLP (Washington, D.C.)
David H. Hollander, Jr., Associate, Former Investigative Attorney in the ITC Office of Unfair Import Investigations
Adduci, Mastriani and Schaumberg, LLP (Washington, D.C.)

Broadcom v Qualcomm: Updates of the Federal Appeal, and the Overall Status of Downstream Products
Kathryn L. Clune, Partner, Crowell & Moring, LLP (Washington, D.C.)
Joanna M. Ritcey-Donohue, Attorney, White & Case LLP (Washington, D.C.)
Thomas J. Filarski, Partner, Brinks Hofer Gilson & Lione (Chicago, IL)
Alexander J. Hadjis, Partner, Morrison Foerster LLP (Washington, D.C.)

Maximizing Your Relationship with Customs: Securing Enforcement and to Preparing for Subsequent Product Questions
Lars-Erik A. Hjelm, Partner, Akin Gump Strauss Hauer & Feld LLP, (Washington, D.C.)
Peter A. Quinter, Shareholder, Becker & Poliakoff P.A. (Ft. Lauderdale, FL)

Foreign Company Case Study: Preparing A Client for an ITC Action, and Addressing Their Questions, Fears and Challenges
Anastasia Heffner, Attorney, Brinks Hofer Gilson & Lione (Chicago, IL)
Kevin M. O'Brien, Partner, Baker & McKenzie LLP (Washington, D.C.)
Ralph A. Mittelberger, Counsel, Arent Fox LLP (Washington, D.C.)

Operating in the Eye of the Storm: Effective Strategies for Litigating an ITC Action
Sturgis Sobin, Partner, Covington & Burling LLP (Washington, D.C.)
Colleen M. Coyle, Partner, Akin Gump Strauss Hauer Feld LLP (Washington, D.C.)
Jeffrey M. Telep, Partner, King & Spalding LLP (Washington, D.C.)

Section 337 Litigation Business Advantages: ITC vs. Federal District Court
Jim Adduci, Partner, Adduci, Mastriani, and Schaumberg, LLP (Washington, D.C.)
Stephen L. Sulzer, Partner, Connolly Bove Lodge & Hutz LLP (Washington, D.C.)

Passing the Domestic Industry Test with the Rise of Licensing and Trademark Cases
Elizabeth A. Niemeyer, Partner, Finnegan, Henderson, Farabow, Garrett &
Dunner, L.L.P. (Washington, D.C.)
Bas de Blank, Partner, Orrick, Herrington & Sutcliffe (Menlo Park, CA)



DOCUMENT TYPES: PPT PDF PRESENTATIONS AVAILABLE: 19

7:30
Registration and Breakfast
8:30
Co-Chairs' Opening Remarks
Mr. Sturgis M. Sobin
Partner
Covington & Burling LLP
Ms. Alice A. Kipel
Partner
Steptoe & Johnson LLP
9:00
View from the Bench
Hon. Paul J. Luckern, (Retired)
Chief Administrative Law Judge
U.S. International Trade Commission
1 file
Section 337 A View From The Bench
279 KB 22 pages Presentation
PPT - Section 337A View From The Bench
10:15
Morning Coffee Break
10:30
View from the ITC Commission
Ms. Lynn I. Levine
Director, Office of Unfair Import Investigations
U.S. International Trade Commission
3 files
Advanced Forum on ITC Litigation Under Section 337 (19 U.S.C. §1337)
1.9 MB 28 pages Presentation
PPT - Advanced Forum on ITC Litigation Under Section 337 (19 U.S.C. §1337)
Levine.L.2008FinalDraft337FAQsII
66.4 KB 30 pages Presentation
PDF - Levine.L.2008FinalDraft337FAQsII
Levine.L.PilotMediationUsersManual
19.9 KB 5 pages Presentation
PDF - Levine.L.PilotMediationUsersManual
12:00
Networking Lunch for Speakers and Delegates
13:15
Exploring New and Developing Challenges in ITC Litigation
Mr. Yar R. Chaikovsky
Partner
Sonnenschein Nath & Rosenthal
1 file
Exploring New and Developing Challenges in ITC Litigation
1.2 MB 29 pages Presentation
PPT - Exploring New and Developing Challenges in ITC Litigation
Mr. Lyle Vander Schaaf
Managing Partner‚ Washington‚ D.C. Office
Brinks Hofer Gilson & Lione
1 file
ITC Litigation: Exploring New and Developing Challenges in ITC Litigation
283 KB 15 pages Presentation
PPT - ITC Litigation:  Exploring New and Developing Challenges in ITC Litigation
14:30
Afternoon Coffee Break
14:45
Maximizing Relationships with the ITC: Initiating an Action‚ Working with the Staff‚ and Instituting the Best Practices for a Favorable Outcome
Ms. Alice A. Kipel
Partner
Steptoe & Johnson LLP
2 files
Kipel.A.337Paper
3.2 MB 31 pages Presentation
PDF - Kipel.A.337Paper
Maximizing the Benefits of Initiating an Action and Best Practices in Section 337 Investigations
3.9 MB 17 pages Presentation
PPT - Maximizing the Benefits of Initiating an Action and Best Practices in Section 337 Investigations
Mr. David H. Hollander, Jr.
Partner
Adduci‚ Mastriani and Schaumberg LLP
1 file
MAXIMIZING RELATIONSHIPS WITH THE U.S. INTERNATIONAL TRADE COMMISSION
710.8 KB 6 pages Presentation
PDF - MAXIMIZING RELATIONSHIPS WITH THE U.S. INTERNATIONAL TRADE COMMISSION
16:00
Broadcom v Qualcomm: Updates of the Federal Appeal‚ and the Overall Status of Downstream Products
Ms. Kathryn L. Clune
Partner
Crowell & Moring LLP
Ms Joanna M. Ritcey-Donohue
Attorney
White & Case LLP
-Mr. Thomas J. Filarski
Shareholder‚ Chair of Chemical Group
Brinks Hofer Gilson & Lione
Mr. Alexander J. Hadjis
Partner
Morrison & Foerster
1 file
Broadcom v. Qualcomm
1.2 MB 34 pages Presentation
PPT - Broadcom v. Qualcomm
17:15
Conference Adjourns
7:30
Registration and Breakfast
8:45
Co-Chairs' Opening Remarks
Mr. Sturgis M. Sobin
Partner
Covington & Burling LLP
Ms. Alice A. Kipel
Partner
Steptoe & Johnson LLP
9:00
Enforcement Address
Mr. Dax Terrill
Attorney-Advisor
United States Customs and Border Protection
10:00
Morning Coffee Break
10:10
Maximizing Your Relationship with Customs: Securing Enforcement and to Preparing for Subsequent Product Questions
-Mr. Lars-Erik A. Hjelm
Partner
Akin Gump Strauss Hauer & Feld LLP
1 file
Maximizing Your Relationship with Customs
194 KB 13 pages Presentation
PPT - Maximizing Your Relationship with Customs
Peter A. Quinter
Shareholder
GrayRobinson, P.A.
2 files
Maximizing your Relationship with U.S. Customs and Border Protection
283 KB 17 pages Presentation
PPT - Maximizing your Relationship with  U.S. Customs and Border Protection
Getting U.S. Customs to Work for You in Unfair Import Investigations
21 KB 2 pages Presentation
PDF - Getting U.S. Customs to Work for You in Unfair Import Investigations
11:20
Foreign Company Case Study: Preparing A Client for an ITC Action‚ and Addressing Their Questions‚ Fears and Challenges
Ms. Anastasia Heffner
Attorney
Brinks Hofer Gilson & Lione
Mr. Kevin M. O'Brien
Partner
Baker & Mackenzie LLP
Mr. Ralph A. Mittelberger
Partner
Arent Fox LLP
1 file
Foreign Company Case Study
346.5 KB 28 pages Presentation
PPT - Foreign Company Case Study
12:30
Networking Luncheon for Speakers and Delegates
13:45
Operating in the Eye of the Storm: Effective Strategies for Litigating an ITC Action
Mr. Sturgis M. Sobin
Partner
Covington & Burling LLP
Ms. Colleen M. Coyle
Partner
Akin Gump Strauss Hauer Feld LLP
Moderator: Mr. Jeffrey M. Telep
Partner
King & Spalding LLP
1 file
Operating in the Eye of the Storm
490 KB 24 pages Presentation
PPT - Operating in the Eye of the Storm
15:00
Afternoon Coffee Break
15:10
Section 337 Litigation Business Advantages: ITC vs. Federal District Court
Mr. Jim Adduci
Partner
Adduci‚ Mastriani & Schaumberg‚ L.L.P.
1 file
Section 337 Litigation Business Advantages
1.3 MB 13 pages Presentation
PDF - Section 337 Litigation Business Advantages
Mr. Stephen L. Sulzer
Partner
Connelly Bove Lodge & Hutz LLP
1 file
Section 337 Litigation Business Advantages: ITC vs. Federal District Court
122.4 KB 37 pages Presentation
PDF - Section 337 Litigation Business Advantages: ITC vs. Federal District Court
Mr. Keith Askoff
Associate General Counsel
Varian Medical Systems‚ Inc.
16:15
Passing the Domestic Industry Test with the Rise of Licensing and Trademark Cases
Ms. Elizabeth A. Niemeyer
Partner
Finnegan‚ Henderson‚ Farabow‚ Garrett & Dunner‚ L.L.P.
1 file
OVERVIEW OF LICENSING AS A DOMESTIC INDUSTRY
402.5 KB 24 pages Presentation
PPT - OVERVIEW OF LICENSING AS A DOMESTIC INDUSTRY
Mr. Bas de Blank
Partner
Orrick‚ Herrington & Sutcliffe
1 file
Remedy Implications of a Licensing Domestic Industry
152 KB 14 pages Presentation
PPT - Remedy Implications of a Licensing Domestic Industry
17:30
Conference Ends