June 2020

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Sean C. Cunningham
Partner; US Chair, Patent Litigation Practice
DLA Piper LLP (San Diego, CA)

Elizabeth A. Niemeyer
Partner
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (Washington, DC)

Stefani E. Shanberg
Partner
Morrison & Foerster LLP (San Francisco, CA)

Lauren Hoffer
Senior Litigation Counsel
Dell

As NPEs continue to seek and obtain remedies through the ITC, their opponents are increasingly dismayed at what they consider to be radical departure from the intended purpose of this body. In this interactive discussion, defense counsel will analyze:

  • The legislative history of the ITC and how Section 337 proceedings involving NPEs have evolved
  • Why some NPEs turn to the ITC while others do not and advantages of this venue over district court that are particular to NPEs
  • Questions over the proportionality of remedies to the violations for which relief is sought
  • How unwilling licensees and other reluctant third parties are implicated in Section 337 proceedings
  • What companies can do to challenge claims by NPEs that they deem to abuse the process and stray from the objective of the ITC

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