A limited number of complimentary passes† for In-House Counsel are available for the In-Person conference only. See details on pg. 7
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In-Person & Livestream
14th Annual
ITC
Practitioners’ Think-Tank on
LITIGATION & ENFORCEMENT The Premier Forum for ITC Litigation Strategies and Best Practices for Managing Section 337 Investigations.
DISTINGUISHED CO-CHAIRS: Veronica Ascarrunz President ITC TLA Eric S. Namrow President-Elect ITC TLA
KEYNOTE SPEAKERS: Honorable Clark S. Cheney Chief Administrative Law Judge U.S International Trade Commission Honorable Rhonda K. Schmidtlein Commissioner U.S. International Trade Commission
June 7–8, 2022
Washington Marriott Georgetown Washington, DC EARN CLE
INSIGHTS FROM: David T. Beck Chief Intellectual Property Counsel/Vice President VIAVI Solutions Inc./Viavi Solutions Licensing LLC
Sidney Rosenzweig Attorney Advisor – Office of General Counsel US International Trade Commission
Flynn K. Madden Attorney-Advisor, Exclusion Order Enforcement Branch Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection
Rodger Sadler Managing Counsel – Legal Department Mercedes-Benz Research & Development North America, Inc.
Scott Jacobson General Counsel and Chief Intellectual Property Counsel RAB Lighting
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Mike Schwartz Senior Vice President, IP Litigation Adeia (an Xperi Company) Jonathan Stroud General Counsel Unified Patents
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WHY ATTEND
FACULTY
AGENDA
PRICING
Be Part of the ITC Community’s most prestigious event. Returning to Washington, DC this June, ACI’s 14th Annual Practitioners’ Think Tank on ITC Litigation and Enforcement is your opportunity to learn from and connect with key members of the ITC Bench, Senior ITC attorneys, and leading In-House Counsel. Analyze the most important developments of the past year and walk away with the knowledge and skills to successfully manage disputes before the ITC. Join us for two days of innovative and interactive discussions on the latest trends and developments in ITC litigation and enforcement. Obtain timely intelligence on domestic industry decisions, standard essential patents, public interest considerations and Section 337 developments. We look forward to seeing you in June!
Highlights for 2022, include discussions on: CHEVRON-DOUBLE-RIGHT Dissecting the latest domestic industry decisions and discussions around the “mere importer” issue CHEVRON-DOUBLE-RIGHT Exploring increasing attention to public interest considerations in 337 investigations CHEVRON-DOUBLE-RIGHT Lessons learned from remote proceedings during COVID and discussing what best practices are likely to continue CHEVRON-DOUBLE-RIGHT Addressing challenges around Standard Essential Patents and FRAND licensing disputes
Who Will You Meet?
Angle-Right Law Firms - Attorneys practicing before the ITC
- IP Attorneys
SPECIAL OFFER!
We are pleased to announce that we are offering a limited number of complimentary passes† for In-House Counsel to ACI’s 14th Annual Practitioners’ Think Tank on ITC Litigation and Enforcement APPLY NOW
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Complimentary passes are offered for the In-Person conference only.
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Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation. ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board. ACI certifies this activity has been approved for CLE credit by the State Bar of California. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. For more information on ACI’s CLE process for virtual events visit: www.americanconference.com/accreditation/cle/
EARN CLE CREDITS
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WHY ATTEND
FACULTY
AGENDA
PRICING
DISTINGUISHED FACULTY DISTINGUISHED CO-CHAIRS: Veronica Ascarrunz President ITC TLA Eric S. Namrow President-Elect ITC TLA
KEYNOTE SPEAKERS: Honorable Clark S. Cheney Chief Administrative Law Judge U.S International Trade Commission Honorable Rhonda K. Schmidtlein Commissioner U.S. International Trade Commission
INSIGHTS FROM:
James B. Altman Attorney Foster, Murphy, Altman & Nickel, PC (Washington, DC)
Kathryn L. Clune Partner Crowell & Moring LLP (Washington, DC)
Wilhelm L. Rao Attorney at Law/Shareholder McAndrews, Held & Malloy Ltd. (Chicago, IL)
Libbie A. DiMarco Shareholder Wolf, Greenfield & Sacks, P.C. (Boston, MA)
Kecia Reynolds Partner Paul Hastings LLP (Washington, DC)
Ryan N. Herrington Senior Managing Director FTI Consulting (Dallas, TX)
Matthew Rizzolo Partner Ropes & Gray LLP (Washington, DC)
Katherine Hiner Supervisory Attorney, Docket Services, Office of the Secretary U.S. International Trade Commission Blair M. Jacobs Principal McKool Smith LLP (Washington, DC) Scott Jacobson General Counsel and Chief Intellectual Property Counsel RAB Lighting
Shara Aranoff Partner Covington & Burling LLP (Washington, DC)
Brian P. Johnson Partner Steptoe & Johnson LLP (Washington DC)
Lisa R. Barton Secretary to the Commission, Office of the Secretary U.S. International Trade Commission
Flynn K. Madden Attorney-Advisor, Exclusion Order Enforcement Branch Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection
Matthew N. Bathon Partner Steptoe & Johnson LLP (Washington, DC)
Scott P. McBride Attorney at Law/Shareholder McAndrews Held & Molloy Ltd. (Chicago, IL)
David T. Beck Chief Intellectual Property Counsel/Vice President VIAVI Solutions Inc./Viavi Solutions Licensing LLC
Joel Moeller Software Engineering Division Chief, CIO U.S. International Trade Commission
Coleman D. Bazelon Principal and Practice CoLeader: Intellectual Property The Brattle Group Inc.
Drew D. Mooney Senior Managing Director FTI Consulting
Gregory F. Corbett Chair, Litigation Practice Group Wolf, Greenfield & Sacks, P.C. (Boston, MA)
Craig Murray Senior IP Litigation Counsel Hewlett Packard Enterprise Christina Ondrick Partner McKool Smith (Washington, DC)
Sidney Rosenzweig Attorney Advisor – Office of General Counsel US International Trade Commission Rodger Sadler Managing Counsel – Legal Department Mercedes-Benz Research & Development North America, Inc. Mike Schwartz Senior Vice President, IP Litigation Adeia (an Xperi Company) Matthew R. Shapiro Associate, Intellectual Property Litigation Ropes & Gray LLP (New York, NY) Stephen Smith Partner Cooley LLP (Washington, DC) Allan Soobert Partner Paul Hastings LLP (Washington, DC) Jonathan Stroud General Counsel Unified Patents David Vondle Partner Akin Gump Strauss Hauer & Feld LLP (Washington, DC) Megan S. Woodworth Partner Venable LLP (Washington, DC) Honorable James A. Worth Administrative Patent Judge PTAB, US Patent and Trademark Office
2022 ADVISORY BOARD: Shara L. Aranoff Partner Covington & Burling LLP Brian Busey Senior Counsel Morrison & Foerster LLP
Daniel Foster Senior Attorney, Litigation Group, Corporate, External, and Legal Affairs Department Microsoft Corporation Karin J. Norton Vice President and Senior Counsel Samsung Electronics America Inc.
Deanna Tanner Okun Partner Adducci, Mastriani & Schaumberg LLP Yar R. Chaikovsky Partner and Global Co-Chair, Intellectual Property Paul Hastings LLP
DAY 1: Tuesday, June 7, 2022
WHY ATTEND
9:00
• Assess actions in which no remedy was granted to the complainant and no reasons Opening Remarks from the Co-Chairs given by the Commission • Analyze the Commission’s increased scrutiny microphone-alt Veronica Ascarrunz, Of Counsel, towards complaints by deciding not to institute Morrison & Foerster LLP (Washington, DC) or demand amendments prior to instituting an President, ITC TLA investigation
Eric S. Namrow, Partner, Morgan Lewis LLP (Washington, DC) President, Elect ITC TLA
9:05
Keynote Address microphone-alt Honorable Rhonda K. Schmidtlein,
Commissioner, U.S. International Trade Commission
9:45
12:00
Insights into Recent Domestic Industry Decisions and the Increasing Role of the Economic Prong Requirement microphone-alt David Vondle, Partner, Akin Gump Strauss
YEAR IN REVIEW
Notable ITC Developments and What to Expect for the Future microphone-alt Kathryn L. Clune, Partner, Crowell &
3:15
Christina Ondrick, Partner, McKool Smith (Washington, DC)
3:30
Moring LLP (Washington, DC) • Evaluate the unique challenges that arise in satisfying domestic industry requirements Gregory F. Corbett, Chair, Litigation Practice Group, Wolf, Greenfield & Sacks, P.C. • Dissect the latest domestic industry related case law and important decisions rendered (Boston, MA) • Assess the increasing role of the economic Kecia Reynolds, Partner, Paul Hastings LLP prong of domestic industry (Washington, DC)
Join us as we assess the most important section 337 developments of the past year and their impact on ITC practice and procedure. We will also explore forecasts for 2023 and changes at the Federal Circuit. • Reviewing notable investigations and potentially consequential ITC decisions of the past 12 months • Exploring the latest Domestic Industry decisions and the increasing difficulty of proving the economic prong – has there been a shift in analysis and is there a different threshold than in the past? • Public Interest considerations and their increasing import; Inv 337-TA-1204 Certain Chemical Mechanical Planarization Slurries and Components • Analyzing recent ITC rulings on Standard Essential Patents (SEP) • Examining simultaneous IPR’s over the year and assessing if there will be a shift in the interplay between the ITC and PTAB • Highlighting the Interim Initial Determination (ID) pilot program to allow ALJ’s a mechanism to initiate expedited proceedings 10:45
Networking Refreshment Break
11:00
Evaluating Trends in Filings and Dispositions of 337 Proceedings MODERATOR:
microphone-alt Wilhelm L. Rao, Attorney at Law/
Shareholder, McAndrews, Held & Malloy Ltd. (Chicago, IL)
PANEL:
Libbie A. DiMarco, Shareholder, Wolf, Greenfield & Sacks, P.C. Mike Schwartz, Senior Vice President, IP Litigation, Adeia (an Xperi Company) • Gather intelligence on key decisions rendered and precedents set in the past year in order to discern likelihood of success of your own case
• Obtain insight into how much investment is considered to be “significant” and “substantial” under the statute • Insight into the Commission’s opinion on Certain Percussive Massage Devices, Inv. No. 337-TA-1206, Hyperice Inc. and discussion around the “mere importer” issue • Examine status of proposed legislation impacting domestic industry test 1:00
Networking Luncheon
2:00
IN-HOUSE ROUND TABLE
Insights and Best Practices to Effectively Manage ITC Actions and Maintain Relationships with Outside Counsel MODERATOR:
Matthew R. Shapiro, Associate, Intellectual Property Litigation, Ropes & Gray LLP • Leveraging parallel records before the agency, motions to stay, pitfalls to avoid • Discuss recent case law and developments on discretionary denials • Examine recent Federal Circuit decisions to affirm ITC decisions • Assess guidelines to work within the timelines of an ITC proceeding alongside a concurrent PTAB action • Probe the interplay between ITC and PTAB and how they are intersecting at an increasing pace 4:30
Exploring New Focus on Public Interest Considerations in 337 Investigations microphone-alt Ryan N. Herrington, Senior Managing Director, FTI Consulting (Dallas, TX)
Shara Aranoff, Partner, Covington & Burling LLP (Washington, DC)
PANEL:
James B. Altman, Attorney, Foster, Murphy, Altman & Nickel, PC (Washington, DC)
microphone-alt David T. Beck, Chief Intellectual Property
Rodger Sadler, Managing Counsel – Legal Department, Mercedes-Benz Research & Development North America, Inc. Craig Murray, Senior IP Litigation Counsel, Hewlett Packard Enterprise Scott Jacobson, General Counsel and Chief Intellectual Property Counsel, RAB Lighting In-house representatives share strategies and insight on managing ITC proceedings from start to finish:
Networking Refreshment Break
Administrative Patent Judge, PTAB, US Patent and Trademark Office
LLP (Washington, DC)
Mike Schwartz, Senior Vice President, IP Litigation, Adeia (an Xperi company)
PRICING
Navigating New Developments in Parallel Proceedings with the ITC and PTAB microphone-alt Honorable James A. Worth,
microphone-alt Matthew Rizzolo, Partner, Ropes & Gray
Counsel/Vice President, VIAVI Solutions Inc./Viavi Solutions Licensing LLC
AGENDA
• Learn how to best manage relationships with external counsel to secure the project • Tracking litigation costs and working with outside counsel to control the costs of an ITC proceeding • Uncover successful strategies to defend a 337 action • Learn how to work productively within the timeframe of a 337 investigation to optimize your outcome • Understand the process on initiating of responding to an ITC action • Processes for organizing teams, witnesses and required materials under the short time frame
Hauer & Feld LLP (Washington, DC)
Drew D. Mooney, Senior Managing Director, FTI Consulting
FACULTY
• Assess the significance of public interest considerations by the Commission • Do public interest considerations for trade secret violation differ from those of traditional 337 patent infringement investigations? • Compare and contrast facts that have historically satisfied the public interest prongs • Public Interest considerations and their increasing import; Inv 337-TA-1204 Certain Chemical Mechanical Planarization Slurries and Components 5:30
Closing Remarks and Conference Adjourns to Day 2
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DAY 2: Wednesday, June 8, 2022 9:00
11:30
Opening Remarks from the Co-Chairs
Exploring the Use of the ITC by NonPracticing Entities (NPEs): What ITC Practitioners Need to Know microphone-alt Jonathan Stroud, General Counsel,
9:15
Insights on Exclusion Order Enforcement: Developing Strategies to Master the Requirements of Enforcement Proceedings microphone-alt Flynn K. Madden, Attorney-Advisor, Exclusion Order Enforcement Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection
Sidney Rosenzweig, Attorney Advisor, Office of the General Counsel, US International Trade Commission • Understand how to best prepare for enforcement of an exclusion order • Master the requirements of enforcement proceedings to meet CBP’s expectations • Analyze recent cases 10:15
Networking Refreshment Break
(Washington, DC)
Coleman D. Bazelon, Principal and Practice Co-Leader: Intellectual Property, The Brattle Group Inc. • Analyze recent SEP case developments and understanding the recent draft policy statement • Identify the restrictions on remedy that stem from SEP owners’ F/RAND (fair, reasonable and non-discriminatory) commitments) • Evaluate when the ITC might order the exclusion of articles infringing SEPs, and the types of restrictions on remedy that could stem from F/RAND commitments • Understand the Burden of Proof for a F/RAND defense and what evidence can satisfy that burden • Explore prospects for future exclusion orders on standard-essential patents (SEPs) • FRAND challenges at the ITC: Aftermath of the request for public comment
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3:00
• Address the trend of NPEs relying on their US licensees to satisfy the domestic industry requirements • Explore new ITC 337 strategies used by NPEs in recent filings • Address novel questions surrounding NPE litigation funding • Examine the consequences of litigation funding with NPEs • Assess how to meet the DI requirements from the perspective of the NPE 12:30
Networking Luncheon
1:30
Fireside Chat with the ITC Bench microphone-alt Honorable Clark S. Cheney, Chief
microphone-alt Scott P. McBride, Attorney at Law/
Shareholder, McAndrews, Held & Malloy Ltd. (Chicago, IL)
2:00
Understanding the Unique Role and Importance of the Office of Unfair Import Investigations (OUII) in Section 337 Investigations microphone-alt Stephen Smith, Partner/Chair of IP
AGENDA
Networking Refreshment Break
Commission, Office of the Secretary, U.S. International Trade Commission Joel Moeller, Software Engineering Division Chief, CIO, U.S. International Trade Commission Katherine Hiner, Supervisory Attorney, Docket Services, Office of the Secretary, U.S. International Trade Commission
• Overview of a new investigation database and recent changes to EDIS (Electronic Docket Information System) • Best practices and procedural updates for filers 4:00
Best Practices and Lessons Learned from Remote Proceedings microphone-alt Megan S. Woodworth, Partner, Venable LLP (Washington, DC)
Brian Johnson, Partner, Steptoe & Johnson LLP, (Washington DC) The pandemic made remote proceedings mainstream. What have we learned and what best practices will continue? • Insight into the ITC’s special procedures during COVID19 • Examine how ALJs have approached case management and remote hearings during COVID-19 • Assess the impacts on scheduling and timelines • Weigh the benefits and disadvantages of remote hearings and opportunities for the future
Litigation, Cooley LLP (Washington, DC)
4:45
Matthew N. Bathon, Partner, Steptoe & Johnson LLP (Washington, DC
Closing Remarks and Conference Concludes
• Deciding when and who participates in an investigation • What is OUII’s role in discovery disputes? • What is OUII’s role in assessing the Public Interest challenges raised by a complaint? • What types of trends, if any, are there in the types of products at issue? • What are some of the most common issues involving defaults? • Assessing the merits of the 100 Day early disposition program and the types of issues that are appropriate • How can respondents illustrate the issue is not too complex to decide within 100 days of institution?
AmericanConference.com/ITCLitigation • 1 888 224 2480
PRICING
Overview of Changes in Docket Services at the ITC microphone-alt Lisa R. Barton, Secretary to the
Administrative Law Judge, U.S International Trade Commission
MODERATOR:
FACULTY
3:15
Unified Patents Allan Soobert, Partner, Paul Hastings LLP (Washington, DC)
10:30
Addressing Challenges Around Standard Essential Patents and FRAND Licensing Disputes microphone-alt Blair Jacobs, Principal, McKool Smith
WHY ATTEND
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Planning Ahead for Live Conferences: C5’s All Secure Safety Plan
As American Conference Institute and our partners plan for in-person events, we are committed to building and enhancing the planning and preparation with a view to offering our guests a safe place for live conference delivery. In addition, to ensure your safety, our event staff is fully vaccinated. All our events will adhere to official government and local authority guidance in addition to venue or location-specific regulations, and will follow the commitments below.
Safety and Physical Distancing
Attendance Screening All attendees will need to assert that at the time that they first attend the conference and for the 14 days prior: y Have not experienced any COVID-19 symptoms now or within the last 14 days. y Have not had close contact with any person with or suspected of having COVID-19 within the last 14 days. y Have not had a positive COVID-19 test within the last 14 days. y Have not been advised by any health authority, government agency or regulatory body, within the last 14 days, to self-isolate due to possible exposure to COVID-19. Link to COVID-19 symptoms: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/ symptoms.html We are closely monitoring industry best practices and will be evaluating further additional measures pertaining to vaccinations and on-site screening based on the advice of health authorities.
y Physical distancing protocols such as limiting attendance, directional signage and markers throughout the conference. y A conference room layout with planned seating for appropriate physical distancing. y We continue to work closely with our venue partners to ensure the safety of our attendees. Please check back frequently as we monitor and evolve our plan in the weeks ahead.
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Please note that the guest room block cut-off date is May 9, 2022. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.
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