Managing Complex ITC Litigation

About the Course:

The U.S. International Trade Commission (ITC) is tasked by Congress with protecting domestic industries from unfair competition connected to foreign imports. The ITC is not an Article III court, rather it is an administrative agency that is governed by a trade statute. The ITC has favorable attributes compared to district courts in terms of relief, speed, jurisdiction, joinder, discovery and judges.

This methodically prepared session provides rich insight into both complainant and respondent ITC strategies.

The following are among the issues discussed during this webinar:

• How is a balance struck with the political persuasions of the ITC commissioners? How long are the commissioners’ terms?
• What is the difference between a Limited Exclusion Order and a General Exclusion Order?
• To what extent can ITC proceedings neutralize inter partes review?
• How common and how widespread are mandatory settlement conferences?
• What are the advantages and disadvantages of petitioning narrow versus broad patent claims before the ITC?
• Do products need to be infringing at the time they are imported into the United States?
• Can a complainant pursue damages for patent infringement at the ITC? 
• To what extent are non-Americans ITC complainants?
• What are domestic industry requirements? How are they measured? What thresholds need to be met?
• How do the expenses of ITC proceedings compare to those at district courts? Are ITC expenses comparatively front-end loaded or backend loaded?
• What are some of the major pressure points in arriving at a settlement at the ITC?

Course Leaders: Evan Langdon, Partner, Fabricant LLP

Evan is the Chair of Fabricant LLP’s ITC practice. He focuses on Section 337 investigations before the ITC, counseling clients on the nuances of navigating fast-paced Section 337 litigation involving patents, trademarks, and trade dress, and other unfair acts.

Evan is recognized among the nation’s top ITC Section 337 practitioners by Chambers USA and Chambers Global and has represented clients in more than thirty Section 337 investigations.

He leverages his mechanical engineering background and experience as a primary examiner at the U.S. Patent and Trademark Office to litigate disputes across a wide variety of industries including LED lighting devices, mobile electronic devices and chipsets, data processing systems, semiconductors, lighting control devices, consumer electronics and accessories, shoes, household appliances, automotive, and various mechanical devices.