Critical Developments in Practice Before the U.S. International Trade Commission

A recent decision by the ITC forces a patent owner to prove that its complaint warrants a full investigation within the first 100 days, requiring a rapid counterattack by an accused infringer. This decision by the Commission, combined with other recent orders and new ITC rules, significantly impacts the domestic industry and public interest requirements for all parties appearing before the ITC. If not addressed properly, these ITC-unique requirements have the potential to devastate one’s case, regardless if one is a complainant or respondent. In addition, the new rules provide new opportunities for parties and third parties in this notoriously speedy forum.

This panel will discuss these recent developments, including:

• The decision by the U.S. Court of Appeals for the Federal Circuit in InterDigital Communications, L.L.C. v. International Trade Commission;
• Changes to public-interest practice, including third-party submissions;
• Changes to the domestic industry requirement, including new deadlines for complainants;
• The current state of the law regarding licensing domestic industries; and
• The long-term ramifications of these changes for patent owners.

Moderator:

Christine E. Lehman

Speakers:

Anthony D. Del Monaco
P. Andrew Riley

Date:
Thursday, July 11, 2013

Time:

1:00 - 2:00 p.m. EDT