Section 337 Actions Before the ITC: Latest Forum of Choice for Efficient Resolution
Pursuing and Defending IP Litigation Before the International Trade Commission
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, October 23, 2008
Recorded event now available
Description
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.
Outline
- Advantages and disadvantages of litigation before the ITC
- Using the ITC as a strategic weapon (advantages to litigating at the ITC)
- Potential disadvantages to litigating at the ITC
- § 337 investigation/action
- Brief overview of § 337 of the Tariff Act
- Complaint
- Considerations for respondents pre-institution of the investigation
- Investigation
- Discovery
- Hearing before ALJ (like trial)
- ALJ determination, can be appealed to ITC commissioners
- Appeal of final determination to Federal Circuit
- Limitations
- Customs enforcement of § 337 orders
- Exclusion orders
- Customs instructions to ports
- Certification
- Communication with Customs
- Tracking sources of potentially infringing goods
Benefits
The panel will review 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?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
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.
Ordering
Online CLE
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
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 $149.00
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.
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Available ten business days after the live event
CLE Credit
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Customer Reviews
Very informative — one of the best run programs in a plethora of on-line offerings.
Jeff Michelman
Stinson Morrison Hecker
Convenient, interesting and informative. Strafford brought together good subject matter experts with practical knowledge.
Thom Cope
Udall Law Firm
The speakers were very well informed and knowledgeable.
Geoffrey Peck
Morrison & Foerster
All of the speakers had a wide range of knowledge.
Kimberly Hayes
General Mills
The webinar provided good practical advice.
Peter Bado
Thrivent Financial
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Antonelli Terry Stout & Kraus
Partner
Mayer Brown
Partner
Duane Morris
Partner
Reed Smith
Partner
Gibson Dunn & Crutcher
Partner
Holland + Knight
Partner
McDermott Will & Emery
Partner
Orrick