Patent Litigation Before the International Trade Commission: Latest Developments
Evaluating Whether to Litigate at the ITC, Navigating the Process, and Understanding Markman Hearings
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, September 11, 2012
Recorded event now available
This CLE webinar will guide patent owner counsel in deciding whether to use the International Trade Commission (ITC) to litigate patent infringement claims, understanding the timeline for such litigation, preparing if needed for Markman hearings at the ITC, and learning the lessons from noteworthy cases.
Description
Patent owners are increasingly filing patent infringement cases at the ITC, which provides a faster and simpler path than the federal courts to stop infringement. The ITC timeline includes accelerated discovery and allows cases to reach trial in as few as seven months.
The general ITC rules do not include a procedure for construing claims. Recently, some of the administrative law judges have begun conducting Markman hearings prior to the evidentiary hearing. However, claim construction remains ALJ specific.
Patent counsel must understand the advantages and disadvantages of the ITC and when litigation at the ITC is the right option to stop infringement.
Listen as our authoritative panel of patent attorneys examines the current trends at the ITC, describes the timeline for proceedings at the ITC, reviews how to decide when litigating at the ITC makes sense, discusses preparing for Markman hearings at the ITC, and outlines the lessons that can be learned from noteworthy cases.
Outline
I. Trends for patent litigation at the ITC
II.Timeline of ITC proceedings
III. When the ITC makes sense
IV. Markman hearing at the ITC
V. Noteworthy cases and the lessons they offer
VI. Factors that may prevent exclusion
Benefits
The panel will review these and other key questions:
- How are patent owners utilizing the ITC rather than the federal district courts to enjoin infringers?
- Under what scenarios does it make sense to litigate in the ITC?
- How are ALJs construing claim construction and conducting Markman hearings?
Faculty
Michael G. McManus, Partner
Duane Morris, Washington, D.C.
He focuses his practice on patent-based Section 337 litigation before the ITC, along with patent infringement litigation in federal district courts. He has been active in handling Section 337 investigations since 2001. He also represents clients in administrative proceedings before U.S. Customs and Border Protection concerning tariff classification, NAFTA, ITC exclusion orders and related matters.
Rodney R. Sweetland, III, Partner
Duane Morris, Washington, D.C.
He focuses his practice in the areas of Section 337 litigation before the ITC and intellectual property and unfair trade practices litigation before U.S. district courts and circuit courts of appeal, as well as trade secrets and complex commercial litigation in all forums. He represents clients in technologies involving semiconductors and computer software, among others.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
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plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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CLE Credit
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Customer Reviews
I liked the practical insights, particularly when tied to cases the presenters had worked on.
Michael Gray
Kohler
Strafford provided an enthusiastic presentation that focused on patent practice, not theory.
David H. Vance
Vance Intellectual Property
Very good current, practical and applicable discussion and information provided.
Matthew Moore
Clawson & Staubes
The program slides were very helpful as was the live Q/A at the end.
Melinda Lackey
Winston & Strawn
The speakers were knowledgeable and presented useful information.
Karen Shaffer-Levy
Reed Elsevier
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Bui Garcia-Zamor
Partner
Stroock & Stroock & Lavan
Partner
Feinberg Day Alberti & Thompson
Partner
Duane Morris
Shareholder
Buchanan Ingersoll & Rooney
Partner
DLA Piper
David Segal
Senior IP Counsel
Intel
Partner
Holland + Knight
Partner
Jones Day
Partner
Orrick
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