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 webinar with Q&A
- 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
- Considerations for respondents pre-institution of the investigation
- Hearing before ALJ (like trial)
- ALJ determination, can be appealed to ITC commissioners
- Appeal of final determination to Federal Circuit
- Customs enforcement of § 337 orders
- Exclusion orders
- Customs instructions to ports
- Communication with Customs
- Tracking sources of potentially infringing goods
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.
Barbara A. Murphy
Miller & Chevalier
She has over 25 years of experience in Section 337, antidumping and customs. She handles all aspects of Section 337... | Read More
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.Close
Jeffrey R. Whieldon
Fish & Richardson
He focuses on patent litigation and Section 337 investigations before the ITC. He has actively worked on close to a... | Read More
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.Close
Akin Gump Strauss Hauer & Feld
He focuses on intellectual property protection, and handles patent, trade secrets and other IP and trade regulation... | Read More
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.Close
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