Managing Complex ITC Litigation
$295
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, but rather an administrative agency governed by a trade statute.
Compared to district courts, the ITC offers favorable attributes in terms of relief, speed, jurisdiction, joinder, discovery, and judicial expertise. This methodically prepared session provides rich insight into both complainant and respondent strategies before the ITC.
The following are among the issues discussed during this webinar:
- •How political considerations of ITC Commissioners are balanced and the length of commissioners’ terms.
- •The difference between Limited Exclusion Orders and General Exclusion Orders.
- •The extent to which ITC proceedings can neutralize inter partes review.
- •The frequency and scope of mandatory settlement conferences.
- •Advantages and disadvantages of asserting narrow versus broad patent claims before the ITC.
- •Whether products must be infringing at the time of importation into the United States.
- •The availability of damages for patent infringement at the ITC.
- •The extent to which non-U.S. entities act as ITC complainants.
- •Domestic industry requirements, how they are measured, and the thresholds that must be met.
- •A comparison of the costs of ITC proceedings versus district court litigation, including whether expenses are front-end or back-end loaded.
- •Key pressure points that influence settlement negotiations at the ITC.
Course Leader
Evan Langdon, Partner, Fabricant LLP
Evan Langdon is the Chair of Fabricant LLP’s ITC practice and focuses on Section 337 investigations before the U.S. International Trade Commission. He has represented clients in more than thirty Section 337 investigations and is recognized by Chambers USA and Chambers Global as one of the nation’s leading ITC practitioners. Evan leverages his mechanical engineering background and prior experience as a primary examiner at the U.S. Patent and Trademark Office to litigate disputes across a wide range of industries.