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 premium CLE webinar with Q&A

Conducted on Tuesday, September 11, 2012

Recorded event now available

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Course Materials

This CLE course 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.


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.



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


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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Michael G. McManus
Michael G. McManus

Duane Morris

He focuses his practice on patent-based Section 337 litigation before the ITC, along with patent infringement...  |  Read More

Rodney R. Sweetland, III
Rodney R. Sweetland, III

Duane Morris

He focuses his practice in the areas of Section 337 litigation before the ITC and intellectual property and unfair...  |  Read More

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