ITC Litigation: Current Trends, Developments, and Strategies for Litigants
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine recent trends and developments, as well as who should use the International Trade Commission (ITC) and how to prepare for ITC litigation. The panel will also discuss some of the practical aspects of litigating at the ITC, including fact discovery, expert reports and examination, and pre-hearing motions. The panel will offer best practices and strategies for ITC litigation.
Outline
- Introduction
- What is the ITC and how are investigations conducted?
- How does it differ from district court litigation?
- Who should use the ITC?
- Basic requirements for filing a complaint based on patent infringement
- Establishing a domestic industry
- Filing trends and litigation statistics
- How to prepare for an ITC litigation?
- Mapping your strategy
- Gathering evidence and identifying the accused articles
- Drafting the complaint and outlining your discovery needs
- Assembling your experts and positions
- Litigating at the ITC
- What to expect after the complaint is filed
- How to manage discovery?
- Can IPRs and parallel litigations influence an ITC investigation?
- Expert reports and pre-hearing motions
- ITC hearing and appeals
Benefits
The panel will review these and other noteworthy issues:
- What are the main differences between litigating in the federal district courts and the ITC?
- What steps should counsel take to prepare for an ITC litigation?
- How best to gather evidence and prepare the complaint?
- What impact could a pending ITC investigation have on IPR institution?
- Key considerations for ITC hearings and appeals
Faculty
C. Gregory Gramenopoulos
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Gramenopoulos is a partner in Finnegan, Henderson's Washington, DC office. He has more than two decades of... | Read More
Mr. Gramenopoulos is a partner in Finnegan, Henderson's Washington, DC office. He has more than two decades of experience assisting domestic and international clients in the electrical and computer technology fields. Mr. Gramenopoulos is an accomplished patent litigator and strategic IP advisor, handling complex and high-stakes patent matters both in and outside of the courtroom. Recognized by The Legal500 U.S. and IAM Patent 1000, he is the lead author of the acclaimed international treatise, Global Patent Litigation: How and Where to Win, published by Bloomberg Law.
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Aidan C. Skoyles
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Skoyles focuses on patent litigation in district and appellate courts and at the U.S. International Trade... | Read More
Mr. Skoyles focuses on patent litigation in district and appellate courts and at the U.S. International Trade Commission (ITC). His experience includes many areas of pre-trial preparation, such as conducting infringement and validity analyses, responding to discovery requests, drafting motions, and working with expert witnesses. He has handled all aspects of patent litigation, including assisting experts in the preparation of expert reports and conducting expert depositions. He also represents clients involved in patent challenges in post-grant proceedings before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO). He has particular technical experience with electrical engineering and information technology, including semiconductor design and processing, computer software, video game controllers, optical filters, medical devices, and database design. While a graduate student, he researched and developed micro-scale manipulators for a broad range of applications using semiconductor processing techniques. He is involved in the preparation and prosecution of patent applications, and has handled multiple applications at different stages of prosecution.
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