Pursuing and Defending IP Litigation
Before the International Trade Commission
CD of Teleconference with Q&A
Click here for program outline
Conducted on Thursday, October 23, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
IP Teleconference Advisory Board
The International Trade Commission (ITC) is becoming a preferred forum for litigating intellectual property disputes because it allows IP owners to take advantage of often-overlooked trade laws to protect their valuable rights.
The ITC has the power to levy the strong deterrent of excluding a foreign infringer from the American market. Further, since the Supreme Court’s ruling in eBay v. MercExchange, it is more difficult to obtain injunctive relief for patent infringement in federal court.
A clear understanding of the risks and rewards of IP litigation before the ITC is critically important as globalization of production, distribution and consumption of goods continues to increase.
Listen as our authoritative panel reviews the ITC and its authority — and how to strategically manage a Section 337 action before, during and after litigation.
The panel included:
Barbara A. Murphy, Member, Miller & Chevalier, Washington, D.C. She has over 25 years of experience in Section 337, antidumping and customs. She handles all aspects of Section 337 investigations from filing of complaints through appellate review. She represents companies pursuing and defending against Sect. 337 relief in cases involving IP infringement, false advertising, and trade secret misappropriation and gray market goods.
Jeffrey R. Whieldon, Of Counsel, Fish & Richardson, Washington, D.C. He focuses on patent litigation and Section 337 investigations before the ITC. He has actively worked on close to a dozen 337 investigations, representing complainants or respondents. Previously, he served as Supervisory Attorney, Office of Unfair Import Investigations for the ITC (1988-2006), where he supervised over 125 Section 337 investigations, 50 of which went to trial.
Arthur Wineburg, Partner, Akin Gump Strauss Hauer & Feld, Washington, D.C. He focuses on intellectual property protection, and handles patent, trade secrets and other IP and trade regulation disputes in federal courts and at the U.S. International Trade Commission. From 1982-87 he served as director at the U.S. ITC, where he was responsible for the litigation of all Section 337 investigations and for assisting U.S. industries in seeking trade remedies.
The panel reviewed these and other key questions:
- What are the strategic advantages — and disadvantages — for IP owners of pursuing litigation before the ITC?
- What factors should counsel consider before pursuing a Section 337 action before the ITC?
- What are the best practices to follow after deciding to pursue a Section 337 action?
- How does U.S. Customs enforce ITC orders?
TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
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CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT.
Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.