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
.
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)
Publication Details