ITC Litigation: Current Trends, Developments, and Strategies for Litigants
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine recent trends and developments, as well as who should use the International Trade Commission (ITC) and how to prepare for ITC litigation. The panel will also discuss some of the practical aspects of litigating at the ITC, including fact discovery, expert reports and examination, and pre-hearing motions. The panel will offer best practices and strategies for ITC litigation.
Outline
- Introduction
- What is the ITC and how are investigations conducted?
- How does it differ from district court litigation?
- Who should use the ITC?
- Basic requirements for filing a complaint based on patent infringement
- Establishing a domestic industry
- Filing trends and litigation statistics
- How to prepare for an ITC litigation?
- Mapping your strategy
- Gathering evidence and identifying the accused articles
- Drafting the complaint and outlining your discovery needs
- Assembling your experts and positions
- Litigating at the ITC
- What to expect after the complaint is filed
- How to manage discovery?
- Can IPRs and parallel litigations influence an ITC investigation?
- Expert reports and pre-hearing motions
- ITC hearing and appeals
Benefits
The panel will review these and other noteworthy issues:
- What are the main differences between litigating in the federal district courts and the ITC?
- What steps should counsel take to prepare for an ITC litigation?
- How best to gather evidence and prepare the complaint?
- What impact could a pending ITC investigation have on IPR institution?
- Key considerations for ITC hearings and appeals
Faculty
C. Gregory Gramenopoulos
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Gramenopoulos has more than 20 years of experience in the field of intellectual property law. He handles... | Read More
Mr. Gramenopoulos has more than 20 years of experience in the field of intellectual property law. He handles patent matters for emerging and high-technology companies in various electrical sciences, including computer hardware/architecture, software, communication networks, and digital signal processing and control systems. Mr. Gramenopoulos counsels both domestic and foreign clients. A significant portion of his current practice is devoted to strategic counseling on patent procurement and pre-litigation activities, opinion preparation on issues relating to infringement and validity, and patent infringement litigation. He has a significant base of European clientele, gained in part through his five-year tenure in the firm’s European office in Brussels. Through his knowledge of both U.S. and foreign patent systems, Mr. Gramenopoulos applies a unique global perspective to advise clients on worldwide filing and licensing strategies. He has also successfully represented clients in U.S. district court and multi-national patent infringement suits. Mr. Gramenopoulos has overseen the drafting and prosecution of hundreds of patent applications, and assisted clients with strategically building and managing their portfolios. He has also assisted clients with extracting value from their portfolios through licensing and other strategies. A frequent lecturer on U.S. IP law, Mr. Gramenopoulos has spoken before numerous Fortune 500 companies and organizations in the U.S., as well as various multi-national companies and law firms throughout the world and served as leader of the firm’s electrical and computer technology practice group.
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Aidan C. Skoyles
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Skoyles focuses on patent litigation in district and appellate courts and at the U.S. International Trade... | Read More
Mr. Skoyles focuses on patent litigation in district and appellate courts and at the U.S. International Trade Commission (ITC). His experience includes many areas of pre-trial preparation, such as conducting infringement and validity analyses, responding to discovery requests, drafting motions, and working with expert witnesses. He has handled all aspects of patent litigation, including assisting experts in the preparation of expert reports and conducting expert depositions. He also represents clients involved in patent challenges in post-grant proceedings before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO). He has particular technical experience with electrical engineering and information technology, including semiconductor design and processing, computer software, video game controllers, optical filters, medical devices, and database design. While a graduate student, he researched and developed micro-scale manipulators for a broad range of applications using semiconductor processing techniques. He is involved in the preparation and prosecution of patent applications, and has handled multiple applications at different stages of prosecution.
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