Managing Complex International Trade Commission Litigation

About the Course:

Addressing patent infringement at the US International Trade Commission offers rapid decisions and relatively high likelihood of receiving an injunction. However, the ITC cannot impose damages and is not bound by judicial doctrine.

This webinar presents the listener with an extremely thorough primer on litigating at the International Trade Commission. Invaluable advice is rendered relative to strategies and tactics for respondents. This unique webinar discusses issues such as:

• What are the requirements for bringing cases before the ITC?
• How does the ITC define “domestic industry” and why is that important?
• Is proof of injury required to bring a patent infringement suit before the ITC?
• Where, if at all, can ITC final determinations be appealed?
• What measures may a respondent take to protect his trade secrets that may surface during an ITC proceeding?
• To what extent do Markman hearings play a role in ITC proceedings?
• What is the difference between Limited Exclusion Orders and General Exclusion Orders?
• Are Cease and Desist Orders applicable to downstream products and design-arounds?
• Are ITC decisions on patent issues binding in the District Court?
• To what extent are public interest issues considered in ITC proceedings?
• How are counterclaims addressed at the ITC?
• What is the role of Administrative Law Judges in adjudicating ITC cases?
• What is the tendency of the ITC to stay cases when patent re-examination is underway?
• How do the costs of enforcing patents at the ITC compare to the costs of enforcing through District Courts?

Course Leader: James B. Altman, Partner, Foster, Murphy, Altman & Nickel, PC

James Altman represents U.S. and foreign clients in unfair trade litigation, concentrating on Section 337 investigations before the U.S. International Trade Commission (ITC), as well as antidumping, countervailing duty, and safeguard cases. He draws upon his background in science and technology, as well as his broad experience in administrative and regulatory litigation, to assist clients with international intellectual property and trade remedy issues.

Mr. Altman is a leading Section 337 practitioner, having represented clients in more than 25 Section 337 cases. He is the immediate past-President of the ITC Trial Lawyers Association. In addition to his broad experience in traditional Section 337 proceedings, Mr. Altman has considerable experience in post-Order enforcement issues before the U.S. Customs and Border Protection, and represented a complainant in one of the rare “Temporary Exclusion Order” proceedings to actually advance to a hearing at the ITC. Mr. Altman also helps clients with international intellectual property enforcement outside the United States.

Course Length: Approx. 1.5 hours