ITC Year in Review: Assess the Top 10 ITC Developments for 2021 and Forecasts for 2022

July 27, 2021 10:15am

Philip Ou
Partner, Litigation Department
Paul Hastings LLP

Matthew J. Rizzolo
Partner
Ropes & Gray LLP (Washington, DC)

Bryan S. Conley
Shareholder
Wolf, Greenfield & Sacks, P.C. (Boston, MA)

Mike Schwartz
Senior Vice President, IP Litigation
Xperi (San Jose, CA)

Moderator:

Mareesa A. Frederick
Partner
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (Washington, DC)
Former Member Executive Committee, ITC TLA

Analyze the most important section 337 developments of the past year and impact on ITC practice and procedure. Then, cast your anonymous ballot for what you view as the most important.

  • Review notable investigations and decisions from 2020
  • Examine numbers and percentages of cases in which an investigation was instituted, settled, resulted in exclusion orders, appealed, and reversed on appeal
  • Identify new industries turning to the ITC for relief—including pharma, medical devices, lighting and semiconductors
  • Analyze frequency of disputes over jurisdiction in industries primarily regulated through other administrative bodies e.g., FDA, PTO
  • Understand the differences between ITC and district court proceedings; ensure strict adherence with ITC procedures and develop effective trial strategies considering each judge’s courtroom practice
  • Analyze the judges’ individual rules on filing, motion practice, discovery, settlement, evidentiary hearings, etc.
  • Examine the uptick in ALJ scrutiny of case filings and party counsel behavior, as well increased issuance of sanctions orders in the past year
  • Learn about recent changes to Secretary’s Office rules relating to administrative protective orders and pre-institution submissions
  • Examine changes to the ITC selection process for ALJ’s and how this may open opportunities