13th Annual Practitioners' Think Tank on ITC Litigation and Enforcement - DS

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13th Annual Practitioners’ Think-Tank on KEYNOTE SPEAKERS

Calendar-alt July 27–28, 2021 (EDT)

Honorable Rhonda K. Schmidtlein

Virtual Conference

Commissioner U.S. International Trade Commission

Honorable Mary Joan McNamara Administrative Law Judge U.S. International Trade Commission

LITIGATION & ENFORCEMENT

The Premier Forum for ITC Litigation Strategies and Best Practices for Managing Section 337 Investigations

Honorable Timothy C. Stanceu Senior Judge U.S. Court of International Trade

EARN CLE CREDITS

DISTINGUISHED IN-HOUSE FACULTY Karin J. Norton Vice President and Senior Counsel Samsung Electronics America Inc.

Nimit Patel Senior Director, IP Counsel Sony Corporation of America

Rodger Sadler Senior Counsel, Legal Department Mercedes-Benz Research & Development North America, Inc

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Mike Schwartz Senior Vice President, IP Litigation Xperi

John A. Scott Vice President and Legal Counsel Qualcomm Technologies Inc.

ASSOCIATE SPONSORS:

Gemma Suh Managing Counsel, Patent Litigation Intel Corporation

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From key developments in trade secret and public interest considerations to simultaneous proceedings at the ITC and PTAB, analyze the most important changes of the past year and the effects on ITC practice and procedures.

Join members of the ITC Bench, Senior ITC attorneys, and leading In-House Counsel at ACI’s 13th Annual Practitioners’ Think Tank on ITC Litigation and Enforcement. Under a new U.S. administration and after 12 months of remote hearings due to COVID-19, explore what to expect and opportunities for change at the ITC and other key agencies.

This premier national conference will provide you with timely industry intelligence so that you can walk away with the knowledge and skills to successfully manage disputes before the ITC.

Special Offer!

We are pleased to announce that we are offering a limited amount of complimentary in-house passes to ACI’s 13th Annual Practitioners’ Think Tank on ITC Litigation and Enforcement.

Register now and we look forward to connecting with you virtually in July.

NEW for 2021: ĉ Key Developments in Trade Secret and Public Interest Considerations Analysis at the ITC ĉ Lessons Learned from Remote Proceedings During COVID-19 ĉ Domestic Industry Requirements and What Is Considered “Significant and “Substantial” ĉ ALJ Insight on Procedures and Effective Trial Strategies

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In-House Counsel

Responsibility for IP and matters before the ITC from the following industries:

Law Firms

Software/Technology

Automotive

Consumer Goods

Attorneys practicing before the ITC

Manufacturing

Financial Services

Legal Services

IP Attorneys

Telecommunications

Life Sciences

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Distinguished Speaker List 2021 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 Adduci, Mastriani & Schaumberg LLP

Speaker Faculty

Co-Chairs Veronica Ascarrunz Of Counsel Morrison & Foerster LLP/ President-Elect ITC TLA (Washington, DC) Mareesa A. Frederick Partner Finnegan, Henderson, Farabow, Garret & Dunner, LLP (Washington DC) Former Member Executive Committee, ITC TLA

Matthew N. Bathon Partner Steptoe & Johnson LLP (Washington, DC) Cono A. Carrano Partner Akin Gump Strauss Hauer & Feld LLP (Washington, DC) Yar R. Chaikovsky Partner & Global Co-Chair, Intellectual Property Paul Hastings LLP (Palo Alto, CA) Bryan S. Conley Shareholder Wolf, Greenfield & Sacks, P.C. (Boston, MA) Michael Connelly Vice President, Operations WIT Legal, LLC (New York, NY)

MEDIA PARTNERS:

James L. Davis Partner Ropes & Gray LLP (Silicon Valley, CA) Elizabeth A. DiMarco Attorney Wolf, Greenfield & Sacks, P.C. (New York, NY) Erin Gibson Partner DLA Piper LLP (San Diego, CA)

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Yar R. Chaikovsky Partner and Global Co-Chair, Intellectual Property Paul Hastings LLP

Sarah E. Hamblin Attorney Advisor, Exclusion Order Enforcement Branch, Regulations and Rulings, Office of Trade U.S. Customs and Border Protection Ryan N. Herrington Senior Managing Director FTI Consulting (Dallas, TX) Honorable Mary Joan McNamara Administrative Law Judge U.S. International Trade Commission (Washington, DC) Lou Mastriani Partner Adduci Mastriani & Schaumberg LLP (Washington, DC) Scott P. McBride Attorney at Law/Shareholder McAndrews Held & Malloy Ltd. (Chicago, IL)

Christina A. Ondrick Partner Paul Hastings LLP (Washington, DC) Nimit Patel Senior Director, IP Counsel Sony Corporation of America (Paramus, NJ) James Pooley Trade Secrets Litigator and Expert Witness James Pooley PLC (Menlo Park, CA) Wilhelm L. Rao Attorney at Law/Shareholder McAndrews Held & Malloy Ltd. (Chicago, IL) Matthew J. Rizzolo Partner Ropes & Gray LLP (Washington, DC)

Drew D. Mooney Managing Director FTI Consulting (Dallas, TX)

Rodger Sadler Senior Counsel, Legal Department Mercedes-Benz Research & Development North America Inc. (New York, NY)

Karin J. Norton Vice President and Senior Counsel Samsung Electronics America Inc. (Ridgefield Park, NJ)

Honorable Rhonda K. Schmidtlein Commissioner U.S. International Trade Commission (Washington, DC)

Deanna Tanner Okun Managing Partner Adduci, Mastriani, & Schaumberg LLP (Washington, DC) Former ITC Commissioner and Chairman

Mike Schwartz Senior Vice President, IP Litigation Xperi (San Jose, CA)

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John A. Scott Vice President and Legal Counsel Qualcomm Technologies Inc. (San Diego, California) Honorable Timothy C. Stanceu Senior Judge U.S. Court of International Trade (Washington, DC) Pallavi Seth Principal The Brattle Group (Washington, DC) Gemma Suh Managing Counsel, Patent Litigation Intel Corporation (Santa Clara, CA) Daniel A. Tishman Principal Fish & Richardson P.C. (Washington, DC) David C. Vondle Partner Akin Gump Strauss Hauer & Feld LLP (Washington, DC) Honorable James A. Worth Administrative Patent Judge PTAB, U.S. Patent and Trademark Office (Alexandria, VA)

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DAY ONE

Tuesday, July 27, 2021 (EDT) 10:00

Opening Remarks from the Co-Chairs

• Learn about recent changes to Secretary’s Office rules relating to administrative protective orders and pre-institution submissions • Examine changes to the ITC selection process for ALJ’s and how this may open opportunities 11:15

Keynote Address Honorable Rhonda K. Schmidtlein Commissioner U.S. International Trade Commission

microphone-alt Veronica Ascarrunz, Of Counsel, Morrison & Foerster LLP / President-Elect ITC TLA (Washington, DC)

Mareesa A. Frederick, Partner, Finnegan, Henderson, Farabow, Garret & Dunner, LLP (Washington, DC) Former Member Executive Committee, ITC TLA 10:05

ITC State of the ITC: Predictions for the Future With a return to normalcy, new U.S. administration, new ALJ, and changes at the Federal Circuit we will explore what changes to expect at the ITC. 10:15

ITC Year in Review: Assess the Top 10 ITC Developments for 2021 and Forecasts for 2022 microphone-alt Yar R. Chaikovsky, Partner and Global Co-Chair, Intellectual Property, Paul Hastings LLP (Palo Alto, CA)

Matthew J. Rizzolo, Partner, Ropes & Gray LLP (Washington, DC)

Bryan S. Conley, Shareholder, Wolf, Greenfield & Sacks, P.C. (Boston, MA) Mike Schwartz, Senior Vice President, IP Litigation, Xperi (San Jose, CA) Analyze the most important section 337 developments of the past year and impact on ITC practice and procedure. Then, cast your anonymous ballot for what you view as the most important.

11:45 Break

Focus on LG Chem and SK Innovation: Case Studies on Recent Trends and Key Developments in Trade Secret and Public Interest Considerations Analysis at the ITC LG Chem has highlighted a growing trend to commence 337 Investigations for alleged violations beyond patent infringement. For the last several years, trade secret cases have become a matter of increasing importance in ITC Investigations and the LG Chem and SK Innovation matter has not only highlighted this trend but has also called into focus new factors in Public Interest Considerations.

These two panels will focus on the implications of new trade secret and public interest jurisprudence at the ITC, using the LG Chem Investigation as backdrop for an in-depth case study in these areas.

12:00

Part I. Evaluating the Implications of Trade Secret Jurisprudence at the ITC

microphone-alt David C. Vondle, Partner, Akin Gump Strauss Hauer & Feld LLP (Washington, DC) Lou Mastriani, Partner, Adduci Mastriani & Schaumberg LLP (Washington, DC)

• Review notable investigations and decisions from 2020

Pallavi Seth, Principal, The Brattle Group (Washington, DC)

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

James Pooley, Trade Secrets Litigator and Expert Witness, James Pooley PLC (Menlo Park, CA)

• Identify new industries turning to the ITC for relief—including pharma, medical devices, lighting and semiconductors • Analyze frequency of disputes over jurisdiction in industries primarily regulated through other administrative bodies e.g., FDA, PTO • Understand the differences between ITC and district court proceedings; ensure strict adherence with ITC procedures and develop effective trial strategies considering each judge’s courtroom practice • Analyze the judges’ individual rules on filing, motion practice, discovery, settlement, evidentiary hearings, etc.

• Examine the uptick in ALJ scrutiny of case filings and party counsel behavior, as well increased issuance of sanctions orders in the past year

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Wilhelm L. Rao, Attorney at Law/Shareholder, McAndrews, Held & Malloy Ltd. (Chicago, IL) • • • • •

Explore growing trends in and implications of trade secret investigations at the ITC under 337 Understand the significance of LG Chem case for future trade secret matters at the ITC Examine the consequences of spoliation of evidence in this case Assess the LG Energy Solutions and SK Innovation settlement Compare trade secret findings and implications of the ITC decision in the Botox (Botulinum Toxin Products) (Inv. 1145) • Understand how to analyze injury in emerging industries

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1:1 Networking

4:00 Break

Make new connections, face-to-face through a series of random 1:1 meet-ups. Expand your network and exchange contact details.

1:30

Lunch Break

4:15

How to Satisfy Domestic Industry Requirements: Addressing New Intricacies microphone-alt Coleman Bazelon, Principal, The Brattle Group (Washington, DC)

2:15

Scott P. McBride, Attorney at Law/Shareholder, McAndrews Held & Malloy Ltd. (Chicago, IL)

Part II.

Examining Novel Public Interest Considerations in 337 Investigations

• Evaluate the unique challenges that arise in satisfying domestic industry requirements

microphone-alt Karin Norton, VP & Senior Counsel, Samsung Electronics America Inc. (Ridgefield Park, NJ)

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

Matthew N. Bathon, Partner, Steptoe & Johnson LLP (Washington, DC)

• Explore the latest domestic industry case law and related decisions • Examine status of proposed legislation impacting domestic industry test

Erin Gibson, Partner, DLA Piper LLP (San Diego, CA) Drew D. Mooney, Managing Director, FTI Consulting (Dallas, TX)

5:00

• Assess the significance of public interest considerations by the Commission in LG Chem • Do public interest considerations for trade secret violation differ from those of traditional 337 patent infringement investigations?

• Comparing and contrasting facts that have historically satisfied the public interest prongs 3:15

Exploring the Exercise of Discretionary Denial and Other New Developments in Parallel Proceedings at the ITC and PTAB

Investigating New NPE 337 Tactics: What Every ITC Practitioner Needs to Know in 2021 microphone-alt Cono A. Carrano, Partner, Akin Gump Strauss Hauer & Feld LLP (Washington, DC) Ryan N. Herrington, Senior Managing Director, FTI Consulting (Dallas, TX)

• Explore new ITC 337 strategies used by NPEs in recent filings • Assess satisfaction of domestic industry requirements in recent NPE cases • Address novel questions surrounding NPE litigation funding

microphone-alt Honorable James A. Worth, Administrative Patent Judge, PTAB, U.S. Patent and Trademark

» Examine the consequences of litigation funding with NPEs

Office (Alexandria, VA)

5:45

James L. Davis, Partner, Ropes & Gray LLP (Silicon Valley, CA) • Explore the recent development in which the ITC suspended enforcement pending resolution of Inter Partes Review (case #)

Closing Remarks and Conference Adjourns to Day 2

• Discuss recent case law and developments on discretionary denials • Examine the Federal Circuit’s decision to affirm the ITC’s decision • Assess guidelines to work within the timelines of an ITC proceeding alongside a concurrent PTAB action

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DAY TWO

Wednesday, July 28, 2021 (EDT)

Developing Winning Strategies for Successful Exclusion Order Enforcement microphone-alt Sarah E. Hamblin, Attorney Advisor, Exclusion Order Enforcement Branch, Regulations and

10:00

Opening Remarks from the Co-Chairs microphone-alt Veronica Ascarrunz, Of Counsel, Morrison & Foerster LLP / President-Elect ITC TLA (Washington, DC)

Mareesa A. Frederick, Partner, Finnegan, Henderson, Farabow, Garret & Dunner, LLP (Washington, DC) Former Member Executive Committee, ITC TLA 10:15

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

Elizabeth A. DiMarco, Attorney, Wolf, Greenfield & Sacks, P.C. (New York, NY) Hear selected highlights about the new branch now dedicated to exclusion order enforcement • • • • •

Understand how to best prepare for enforcement of an exclusion order Master the requirements of enforcement proceedings to meet CBP’s expectations Identify selected best practices for the 19 C.F.R Part 177 rulings process to meet CBP’s expectations Analyze the increasing issuance of general exclusion orders (GEOs) Explore recent cases

Perspectives from In-House Counsel: Insights and Best Practices to Effectively Manage ITC Actions microphone-alt Gemma Suh, Managing Counsel Patent Litigation, Intel (Santa Clara, CA)

1:15 pm

1:1 Networking

John A. Scott, Vice President & Legal Counsel, Qualcomm Technologies Inc. (San Diego, CA)

Make new connections, face-to-face through a series of random 1:1 meet-ups. Expand your network and exchange contact details.

Nimit Patel, Senior Director, IP Counsel, Sony Corporation of America (Paramus, NJ)

1:30

Lunch Break

Rodger Sadler,Senior Counsel, Legal Department, Mercedes-Benz Research & Development North America, Inc. (New York, NY)

2:30

FIRESIDE CHAT

• • • • •

Moderator: Christina A. Ondrick, Partner, Paul Hastings LLP (Washington, DC) Learn how to best manage relationships with external counsel to secure the project Work with outside counsel to control the significant 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

11:30

microphone-alt Honorable Mary Joan McNamara, Administrative Law Judge, U.S. International Trade Commission (Washington, DC)

Deanna Tanner Okun, Managing Partner, Adduci, Mastriani, & Schaumberg LLP (Washington, DC) Former ITC Commissioner and Chairman Join ITC ALJ McNamara for insight from the bench, the “ins and outs” of 337 Practice, differences between ITC and Federal District Court and more.

3:15

Winning Expert Strategies at the ITC

Keynote Address Honorable Timothy C. Stanceu – include photo Senior Judge U.S. Court of International Trade Understand the role of the Court of International Trade in patent disputes and the relationship between the ITC, CIT and U.S. Customs and Border Protection.

12:00 Break

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Interview with ALJ: Insights on Procedures and Effective Trial Strategies

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microphone-alt Michael Connelly, Vice President, Operations, WIT Legal LLC (New York, NY) Daniel A. Tishman, Principal, Fish & Richardson P.C. (Washington, DC) • • • • • •

Does experience matter?

Diversity in the hearing Early Case Management: Short timelines and the importance of immediately identifying experts Expert testimony and the Ground Rules issued by the ALJ The Daubert Standard and the ITC Preparing experts for live direct and cross-examination testimony

3:45

Closing Remarks and Conference Concludes

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