16th Annual Practitioners' Think-Tank on ITC Litigation - DS

16th Annual

ITC Practitioners’ Think-Tank on

LITIGATION & ENFORCEMENT May 29–30, 2024 | DC Bar Association, Washington, DC

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CONFERENCE DAY ONE

Wednesday, May 29, 2024 9:00

Opening Remarks from the Co-Chairs: ITC State of the Union

Our esteemed co-chairs will kick off this year’s event with an exploration of the recent surge in Section 337 cases and an assessment of why cases are trending upward as we enter 2024. They will set the stage for the main conference with an examination of case filing trends in the last year, as well as statistics on how many cases resulted in investigations, settlements, exclusion orders, appeals and reversals on appeal.

9:30

David Hollander Special Counsel Mintz President-Elect | ITC TLA

Aarti Shah Partner Kilpatrick Townsend & Stockton Vice President | ITC TLA

Analyzing the Most Significant ITC Cases of 2023: Exploring Key Takeaways and Implications for Your Future Section 337 Practice

• Examining critical developments, significant rulings and key takeaways from the year’s biggest ITC cases: » Apple v Masimo » Ericsson v Lenovo & Motorola

Michael Connelly President WIT Legal

» Nokia v HP & Amazon • Assessing each of these cases’ macro issues, distinctive nuances, and litigation approaches • Insights on how developments in these cases may impact future ITC actions and procedures

10:30 Fireside Chat Honorable Clark S. Cheney Administrative Law Judge U.S. International Trade Commission

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Honorable Dori Johnson Hines Administrative Law Judge U.S. International Trade Commission

Honorable MaryJoan McNamara Administrative Law Judge U.S. International Trade Commission

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11:15

Networking Refreshment Break

11:45

Examining Congressional Reform Efforts at the ITC

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Our panel will delve into the ongoing legislative initiatives outlined in The Advancing America’s Interests Act (AAIA) bill.

Discover what revisions to ITC standards the industry can anticipate.

• Assessing potential amendments to domestic industry requirements

Matt Rizzolo Partner Ropes & Gray LLP

Greg Kalbaugh Director, IP Policy Group Intel Corp.

• Emphasizing the ITC's public interest obligation under AAIA • Analyzing the implications of proposed changes on international trade relations

12:30 Networking Luncheon

1:30

Fireside Chat Amy Karpel Commissioner U.S. International Trade Commission

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Rhonda K. Schmidtlein Commissioner U.S. International Trade Commission

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2:15

Networking Refreshment Break

2:45

Mastering Injunctive Relief in the ITC: Developing Winning Strategies for Enforcement of Exclusion and Cease & Desist Orders

• Examining best practices for exclusion order enforcement: developing strategies to master the requirements of enforcement proceedings • Mastering the requirements of enforcement proceedings to meet CBP’s expectations

Dennis McMahon Partner Venable LLP

• Exploring scenarios that may justify a cease-and-desist order

Dax Terrill Exclusion Order Enforcement Branch Chief U.S. Customs and Border Protection (CBP)

» Understanding the standards applicable to enforcement of a cease-and-desist orders and how these have evolved over time • Finding the balance between exclusion order timelines and the feasibility of design alternatives in alignment with business practicalities

3:30

IN-HOUSE ROUND TABLE: Strategies for Effective Management of ITC Proceedings and Considerations for External Counsel

In this interactive session, a panel of esteemed in-house counsel will share insights and strategies for managing ITC proceedings from start to finish. Topics to be discussed include: • Learning how to best manage relationships with external counsel to secure the project

Arvind Iyengar Senior Legal Counsel Samsung Electronics

Shawnna Yashar Director of Global IP Litigation Lenovo

• Recognizing the significance of collaborating with other teams, including engineers, at an early stage • Efficiently managing budgets for ITC proceedings by tracking litigation costs and working with outside counsel • Uncovering successful strategies to defend a 337 action • Working productively within the timeframe of a 337 investigation to optimize your outcome • Understanding the process on initiating of responding to an ITC action • Reviewing processes for organizing teams, witnesses and required materials under the short time frame • Understanding post-enforcement strategies particularly on online marketplaces

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4:30

Understanding the Impact of Public Interest Factors On ITC Decisions and 337 Investigations

• Assessing recent cases at the ITC, involving public interest considerations: » Apple v Masimo • Exploring whether public interest considerations for trade secret violations differ from those of traditional 337 patent infringement investigations?

Josh Budwin Principal McKool Smith

• Comparing and contrasting facts that have historically satisfied the public interest prongs • Strategies and considerations for pre-institution filings in 337 investigations • Analyzing the influence of public interest factors in decisions on ITC exclusion order enforcement

5:30

Closing Remarks and Conference Adjourns to Day 2 Cocktail Reception Sponsored by:

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CONFERENCE DAY TWO

Thursday, May 30, 2024 9:00

Opening Remarks from the Co-Chairs David Hollander Special Counsel Mintz President-Elect | ITC TLA

Aarti Shah Partner Kilpatrick Townsend & Stockton Vice President | ITC TLA

9:15 Critical Considerations for Parallel Proceedings and Concurrent Investigations:

Exploring the Interplay Between the ITC and Other Agencies Including PTAB and FDA

• Evaluating strategies for navigating the timelines of an ITC proceeding while concurrently dealing with a PTAB action • Understanding the interplay between ITC and PTAB and the challenges of managing concurrent investigations, discovery, motion practice and more

James Worth Administrative Patent Judge USPTO Patent Trial and Appeal Board

• Examining the dynamic between the ITC and FDA and how these agencies collaborate in handling investigations concerning unfair trade imports » Analyzing Eli Lily’s claim regarding unfair import and distribution of tirzepatide

10:15

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10:45 Navigating the Latest Challenges in Meeting Domestic Industry Requirements and Exploring the Impact of Proposed Congressional Revisions Under the AAIA • Analyzing possible congressional revisions to domestic industry requirements, under The Advancing America’s Interests Act (AAIA) » Examining the new provisions, the policy behind the proposed revisions and implications of the revisions on future ITC practice and procedure

Joshua J. Newcomer Principal McKool Smith

• Dissecting the latest domestic industry changes over recent years, related case law and important decisions rendered » Reviewing takeaways from Ericsson v Lenovo • Insight into the Commission’s opinions on individual assessments, distribution, R&D and other elements in the decision-making process » Understanding the ‘mere importer’ test • Assessing how much investment is “significant” and “substantial” under the statute • Understanding the significance of re-designs when filing at the ITC

11:30

Examining the Latest Developments in Standard Essential Patents at the ITC

• Reviewing new developments in SEPs at the ITC and globally • Analyzing recent SEP case developments and understanding whether injunctive type relief can be granted » Ericsson v Lenovo

Brian Johnson Partner Axinn, Veltrop & Harkrider LLP

Kevin J. Post Partner Ropes & Gray LLP

» Nokia v HP & Amazon • Explore prospects for future exclusion orders on standard-essential patents (SEPs)

12:30 Networking Luncheon

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1:30

Mitigating Challenges Created by Third-Party Litigation Funding in the ITC Arena

An estimated one-third of total patent litigation is now funded by third parties, which is increasing instances of “patent troll” litigation at the ITC, creating challenges for practitioners and negatively impacting innovation. This panel will examine the actions that ITC practitioners can take to mitigate the challenges created by TPLF in the ITC arena. Discussion points will include:

Jonathan Stroud General Counsel Unified Patents

• Current challenges being created by TPLF • Proactive measures that companies can take to push back on the effects of TPLF • Recent judicial strides towards requiring disclosure of TPLF agreements in discovery

2:15

Closing Remarks and Conference Concludes

UPCOMING EVENTS

April 25–26, 2024 New York, NY

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June 25–26, 2024 Washington, DC

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