15th Annual Practitioners' Think-Tank on ITC Litigation & Enforcement - WEB

Litigation strategy and best practices for managing section 337 investigations

15th Annual

Practitioners’ Think-Tank on ITC LITIGATION & ENFORCEMENT

DISTINGUISHED CO-CHAIRS:

Veronica Ascarrunz

Partner Perkins Coie LLP

Immediate Past President, ITC TLA

Eric S. Namrow Partner Morgan Lewis LLP

President ITC TLA

KEYNOTE SPEAKERS:

Honorable Monica Bhattacharyya

Administrative Law Judge

U.S. International Trade Commission

Honorable Bryan F. Moore

Administrative Law Judge

U.S. International Trade Commission

March 29–30, 2023

DC Bar Association

Washington, DC

Earn CLE CREDITS

ComplimentaryPassesAvailableforIn-HousetoAttend

A limited number of complimentary passes* are available for In-House Counsel to attend ACI’s 15th Annual Practitioners’ Think Tank on ITC Litigation and Enforcement.

INSIGHTS FROM:

Matthew Bathon

Principal Legal Counsel, Legal Management

Washington IP Office

Samsung Electronics

Mike Schwartz

Senior Vice President - IP Litigation Adeia

Jonathan Stroud General Counsel Unified Patents

Dax Terrill

Chief, Exclusion Order Enforcement Branch Regulations and Rulings - Office of Trade

U.S. Customs and Border Protection

The Premier Forum for ITC Litigation Strategies and Best Practices for

Managing Section 337 Investigations.

Returning to Washington in March, ACI’s 15th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement is your opportunity to learn from and network with key members of the ITC Bench, senior ITC Attorneys and leading In-House Counsel.

Develop best practice strategies and gain industry insight with focused keynote sessions and dynamic panel discussions on timely issues including public interest considerations, domestic industry decisions and new developments at the ITC. Walk away with the knowledge you need to successfully manage Section 337 Investigations.

Join us for two days of innovative and interactive discussions on the latest trends and developments in ITC litigation and enforcement. We look forward to seeing you in March!

WHO YOU WILL MEET

Law Firms

Attorneys practicing before the ITC

IP Attorneys

In-House Counsel

In-House Counsel having responsibility for IP and matters before the ITC from the following industries:

Software/Technology

Automotive

Life Sciences

Financial Services

Telecommunications

Manufacturing

Legal Services

Consumer Goods

DISTINGUISHED CO-CHAIRS:

Veronica Ascarrunz Partner

Perkins Coie LLP

Immediate Past President, ITC TLA

Distinguished Speaking Faculty

GOVERNMENT SPEAKERS:

Dax Terrill

Chief, Exclusion Order Enforcement Branch, Regulations and Rulings

Office of Trade, U.S. Customs and Border Protection

Bryan Conley

Shareholder

Wolf Greenfield & Sacks PC

Michael Connelly President

WIT Legal

Eric S. Namrow Partner

Morgan Lewis LLP President ITC TLA

KEYNOTE SPEAKERS:

Honorable Monica Bhattacharyya

Administrative Law Judge

U.S. International Trade Commission

Honorable Bryan F. Moore

Administrative Law Judge

U.S. International Trade Commission

Honorable James A. Worth

Administrative Patent Judge, PTAB U.S. Patent and Trademark Office

INSIGHTS FROM:

Matthew Bathon

Principal Legal Counsel, Legal Management

Washington IP Office

Samsung Electronics

Michael R. Franzinger

Partner

Sidley Austin LLP

Blair Jacobs

Principal

McKool Smith LLP

Timothy Carroll Partner

Venable LLP

Hunter Keeton

Shareholder/Litigation

Wolf Greenfield & Sacks PC

Evan Langdon Partner, Chair ITC Practice Fabricant LLP

Drew D. Mooney

Senior Managing Director

FTI Consulting

Helena Kiepura Partner

DLA Piper LLP

Evan Langdon Partner, Chair ITC Practice Fabricant LLP

Michael A. Morales Associate

Ropes & Gray LLP

Christina A. Ondrick Partner

McKool Smith LLP

Rachel Leos Senior Director FTI Consulting

Scott P. McBride Attorney at Law / Shareholder McAndrews, Held & Malloy, Ltd.

Wilhelm L. Rao Attorney at Law / Shareholder

McAndrews, Held & Malloy, Ltd.

Megan F. Raymond Partner

Groombridge, Wu, Baughman & Stone LLP

Matthew Rizzolo Partner

Ropes & Gray LLP

Mike Schwartz Senior Vice President - IP Litigation

Adeia

Jonathan Stroud General Counsel Unified Patents

DAY 1

Wednesday, March 29, 2023

9:00

Opening Remarks from the Conference Co-Chairs

Veronica Ascarrunz Partner Perkins Coie LLP

Immediate Past President, ITC TLA

Year

Eric S. Namrow Partner Morgan Lewis LLP President ITC TLA

in Review: Analyzing Notable Section 337 Developments and Assessing Impacts on ITC Practice and Procedure

Assessing the most important section 337 developments of the past year and their impact on ITC practice and procedure and ALJs.

• Review notable investigations and potentially consequential ITC decisions of the past 12 months

• Explore forecasts for 2023-24 and changes at the Federal Circuit

• Identify new industries turning to the ITC for relief—including pharma, medical devices, lighting and semiconductors

• Examine numbers and percentages of cases in which an investigation was instituted, settled, resulted in exclusion orders, appealed, and reversed on appeal

Veronica Ascarrunz Partner Perkins Coie LLP

Helena Kiepura Partner DLA Piper LLP

Moderator:

10:15

ALJ Fireside Chat

Honorable Bryan F. Moore

Administrative Law Judge

U.S. International Trade Commission

11:00  Networking Refreshment Break

11:30

Evaluating the Unique Challenges of Satisfying Domestic Industry Requirements

• Insight into Commission’s opinions and discussion around the “mere importer” issue

• Assess the increasing role of the economic prong of domestic industry

• Obtain insight into how much investment is “significant” and “substantial” under the statute

• The significance of re-designs when filing at the ITC

12:30  Networking Luncheon

Scott

P.

McBride Attorney at Law / Shareholder

• Dissect the latest domestic industry changes over recent years, related case law and important decisions rendered

Evan Langdon Partner, Chair ITC Practice Fabricant LLP

Drew

D.

Mooney

Senior Managing Director FTI Consulting

1:30

Inside Perspectives on Exclusion Order Enforcement: Developing Strategies to Master Section 177 Process

• 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

• What to do after initial determination

Dax Terrill

Chief, Exclusion Order Enforcement Branch Regulations and Rulings - Office of Trade

U.S. Customs and Border Protection

McAndrews, Held & Malloy, Ltd.

2:30

IN-HOUSE ROUND TABLE

Strategies

and

Insight

on Effectively Managing ITC Proceedings and Considerations for Outside Counsel

In-house representatives share strategies and insight on managing ITC proceedings from start to finish:

• Learn how to best manage relationships with external counsel to secure the project

• Track 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

Panel:

Moderator:

Matthew Bathon

Principal Legal Counsel, Legal Management

Washington IP Office

Samsung Electronics

Mike Schwartz

Wilhelm L. Rao

Attorney at Law / Shareholder McAndrews, Held & Malloy, Ltd.

Senior Vice President, IP Litigation

Adeia

3:30  Networking Refreshment Break

• Processes for organizing teams, witnesses and required materials under the short time frame  4:00

Assessing the Significance of Increasing Attention to Public Interest Considerations in 337 Investigations

• Gain insights into recent considerations of public interest in semi-conductor cases given supply chain issues

• 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

• Strategies to limit or reduce costs

• How have remedies been tailored to public interest? How it’s been used to tailor exclusion orders

5:00  Closing Remarks and Conference Adjourns to Day 2

Networking Cocktail Reception

Sponsored by

Bryan Conley

Shareholder

Wolf Greenfield & Sacks PC

Rachel Leos

Senior Director

FTI Consulting

Christina A. Ondrick Partner McKool Smith LLP

10:45

Insight into the ITCs Approach to Standard Essential Patents

• New developments in SEPs at the ITC and globally

• Analyze recent SEP case developments and understanding recent policy statement

• 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

• Explore prospects for future exclusion orders on standard-essential patents (SEPs)

Michael Connelly President WIT Legal

Blair Jacobs Principal McKool Smith LLP

11:45  Networking Luncheon

1:00

Assessing the Trend of Non-Practicing Entities (NPEs) at the ITC: What ITC Practitioners Need to Know

• Addressing the trend of NPEs relying on their US licensees to satisfy the domestic industry requirements

• Exploring new ITC 337 strategies used by NPEs in recent filings

• Addressing novel questions and consequences surrounding NPE litigation funding in Section 337 investigations

• Proposed legislation addressing NPEs at the ITC

• Assessing how to meet the DI requirements from the perspective of the NPE

PANEL: Timothy Carroll Partner Venable LLP

Hunter Keeton Shareholder/Litigation

Wolf Greenfield & Sacks PC

Jonathan Stroud General Counsel Unified Patents

MODERATOR: Matthew Rizzolo Partner Ropes & Gray LLP

2:15

Gauging the Importance and Use of the NEXT Advocates Program for Less Experienced Attorneys

• How has the NEXT Advocates program been used and what ground rules have been allowed?

• Experiences and tips from attorneys who have argued at the ITC though the NEXT Advocates program

• How does this program differ from the USPTO LEAP program?

Honorable Monica Bhattacharyya Administrative Law Judge U.S. International Trade Commission

Veronica Ascarrunz Partner Perkins Coie LLP

Immediate Past President, ITC TLA

Michael A. Morales Associate Ropes & Gray LLP

MODERATOR: Matthew Rizzolo Partner

Ropes & Gray LLP

COMPLIMENTARY PASSES AVAILABLE FOR IN-HOUSE TO ATTEND

We are pleased to announce that we are offering a limited number of complimentary passes* for In-House Counsel to attend the ACI's 15th Annual Practitioners' Think Tank on ITC Litigation and Enforcement.

Benefit from attending this ITC "think tank" as you network and benchmark with key ITC stakeholders from Leading Law Firms, In-House Counsel, and the ITC Bar for the latest developments and strategies to address ITC challenges.

To apply for your complimentary pass, please complete the application form below. Our team will review your submission and get back to you with next steps if you have qualified.

*A limited number of complimentary passes will be available to individuals employed by the same organization for the In-Person Conference only. ACI reserves the right to review the eligibility for these complimentary passes. Complimentary Passes are only offered for the In-Person Conference only.

DC Bar Association

901 4th Street NW Suite 700, Washington DC 20001

VENUE INFORMATION Bed ACCOMMODATIONS

The following is a shortlist of hotels that are located close to the DC Bar Association.

Hampton Inn Washington-Downtown Convention Center

901 6th St NW, Washington DC 20001

Reservations: (202) 842-2500

To book directly with the hotel, please CLICK HERE.

Homewood Suites by Hilton Washington DC Convention Center

465 New York Ave NW, Washington DC 20001

Reservations: (202) 628-4663

To book directly with the hotel, please CLICK HERE.

IN-PERSON CONFERENCE PARTICIPATION REQUIREMENTS

Please note that the D.C. Bar Association facility currently has COVID-19 vaccination requirements in place for all visitors.

All visitors to the facility must be “Fully Vaccinated“ - or - non-vaccinated individuals will require proof of a negative COVID-19 test from a healthcare provider or testing facility. At-home or self-administered test results will not be accepted. Negative test results must be accompanied with a governmentissued ID.

Upon arrival, you will be required to present your CDC COVID-19 Vaccination Record Card, or a similar record for visitors who are residents of countries other than the U.S., to security personnel located in the building lobby. Vaccination proof or negative test results must be accompanied with a government-issued ID.

While on-site, individuals are not required to wear face masks but are encouraged to do so and practice social distancing.

The D.C. Bar Associations has the following requirements in place to be considered “Fully Vaccinated”.

U.S. Residents:

1. Visitors must have received two (2) doses of the Pfizer-BioNTech or Moderna vaccine, OR a single dose of the Johnson & Johnson/Janssen vaccine; AND

2. Visitors must have received at least one booster shot in accordance with the current CDC guidelines.

International Visitors:

1. Visitors must have received doses of the COVID-19 vaccines listed below in any combination in accordance with current World Health Organization (WHO) guidelines.

y AstraZeneca/ Oxford vaccine

y Johnson and Johnson

y Moderna

y Pfizer/BionTech

y Sinopharm

y Sinovac

y COVAXIN

y Covovax

y Nuvaxovid

y CanSino

FOR MORE INFORMATION, PLEASE VISIT OUR CONFERENCE WEBSITE.

CONTINUING LEGAL EDUCATION CREDITS

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 State Bar of California.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

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.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/accreditation/cle/

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ABOUT US

The C5 Group, comprising American Conference Institute, The Canadian Institute and C5 in Europe, is a leading global events and business intelligence company. For over 30 years, C5 Group has proVided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities.

Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.

IN-PERSON CONFERENCE PARTICIPATION REQUIREMENTS

Please note that the D.C. Bar Association facility currently has COVID-19 vaccination requirements in place for all visitors.

All visitors to the facility must be “Fully Vaccinated“ - or - non-vaccinated individuals will require proof of a negative COVID-19 test from a healthcare provider or testing facility. At-home or self-administered test results will not be accepted. Negative test results must be accompanied with a government-issued ID.

Upon arrival, you will be required to present your CDC COVID-19 Vaccination Record Card, or a similar record for visitors who are residents of countries other than the U.S., to security personnel located in the building lobby. Vaccination proof or negative test results must be accompanied with a government-issued ID.

While on-site, individuals are not required to wear face masks but are encouraged to do so and practice social distancing.

The D.C. Bar Associations has the following requirements in place to be considered “Fully Vaccinated”.

U.S. Residents:

1. Visitors must have received two (2) doses of the Pfizer-BioNTech or Moderna vaccine, OR a single dose of the Johnson & Johnson/Janssen vaccine; AND

2. Visitors must have received at least one booster shot in accordance with the current CDC guidelines.

International Visitors:

1. Visitors must have received doses of the COVID-19 vaccines listed below in any combination in accordance with current World Health Organization (WHO) guidelines.

y AstraZeneca/Oxford vaccine

y Johnson and Johnson

y Moderna

y Pfizer/BionTech

y Sinopharm

y Sinovac

y

y

y

y

A limited number of complimentary passes* are available for In-House Counsel to attend ACI’s 15th Annual Practitioners’ Think Tank on ITC Litigation and Enforcement.

full refund. All cancellations and changes must be submitted to customerservice@americanconference.com by March 17, 2023.

Please note that the D.C. Bar Association facility currently has COVID-19 vaccination requirements in place for all visitors.

All visitors to the facility must be “Fully Vaccinated“ - or - non-vaccinated individuals will require proof of a negative COVID-19 test from a healthcare provider or testing facility. At-home or self-administered test results will not be accepted. Negative test results must be accompanied with a government-issued ID.

PLEASE NOTE THE FOLLOWING PANDEMIC-RELATED PROTOCOLS:

ACI conferences and events will be organized in accordance with the latest health and safety regulations, guidelines, and recommendations, directed by the CDC and local government authorities. Attendees are advised to consider their personal health needs.

Attendees are asked to self-screen in the days leading up to, before and after attending an ACI event and/or conference.

We will continue to monitor the health situation and relevant authorities. Changes to health and safety measures may be made by ACI at any time as required.