Join us at the Premier Event to Develop Best Practices for ITC Litigation and Section
337 Investigations
Network and benchmark with key ITC officials and members of the ITC Bar and Bench at this interactive forum. Attend and learn from key stakeholders and brainstorm with your peers as we explore proven strategies, industry insights, and new developments to address the most pressing challenges at the ITC.
We look forward to seeing you on March 31–April 1, 2025, for two full days of innovative and practical discussions!
What’s NEW for 2025
Key Insights from Groundbreaking Rulings
An exploration and analysis of notable investigations, consequential decisions and 337 Filings and appeals.
Two-Part In-House Roundtable Series
Informative and interactive sessions with in-house counsel to review effective strategies for initiating and defending 337 actions.
The End of Chevron Deference
Leading practitioners will guide a critical discussion on the current and future impact of the Supreme Court’s Loper Bright ruling.
Navigating Parallel Proceedings and Concurent Investigations
A review of the interplay and intersection between judicial agencies.
Who You Will Meet
IN-HOUSE COUNSEL
In-House Counsel having responsibility for IP and matters before the ITC from the following industries:
LAW FIRMS,
JUDGES,
AND COMMISSIONERS
• Judges from the ITC and PTAB
• ITC Commissioners
• Attorneys practicing before the ITC
• IP Counsel
• Customs and Border Enforcement
ITC Town Hall and Wine Toast
An examination of the new and proposed revisions to the Domestic Industry Requirement.
Interactive Audience Polling
Provide input during real-world case studies and in-depth strategy discussions with leading industry practitioners.
CONSULTING FIRMS
• Third-Party Litigation Funders
• Litigation Support
• Patent Support and Deterrence Organizations
• Filing and Enforcement Support Entities
CO-CHAIRS
Aarti Shah Partner
Kilpatrick Townsend & Stockton LLP (President / ITC TLA)
SPEAKERS
Cindy S. Ahn
Director
Longford Capital Management, LP
Shara L. Aranoff
Partner
Covington & Burling LLP
Veronica Ascarrunz
Partner, Firmwide Co-Chair, ITC Litigation Practice Perkins Coie LLP
Jessica C. Hill Of Counsel
Covington & Burling LLP (President-Elect / ITC TLA)
Matthew Bathon
Principal Legal Counsel II, Legal Management
Samsung Electronics
G. Brian Busey
Senior of Counsel Morrison & Foerster LLP
Yar R. Chaikovsky
Partner and Global Co-Chair, Intellectual Property Practice Group White & Case LLP
Honorable Clark S. Cheney
Chief Administrative Law Judge U.S. International Trade Commission
Jorge L. Contreras
James T. Jensen Endowed Professor for Transactional Law and Director of the Program on Intellectual Property and Technology Law University of Utah, S.J. Quinney College of Law
Joshua Harris
Director Burford Capital New York
Reginald David Lucas
Counsel
Groombridge, Wu, Baughman & Stone LLP
Global Sponsorship Opportunities
Honorable MaryJoan McNamara
Administrative Law Judge
U.S. International Trade Commission
Barbara A. Murphy Founding Partner
Foster, Murphy, Altman & Nickel, PC
Deanna Tanner Okun
International Trade Commission Section 337 Litigation & Trade Remedies Chair Polsinelli PC
Christina A. Ondrick Partner
Spencer Fane
Kecia Reynolds Partner, Litigation Department
Paul Hastings, LLP
Rhonda K. Schmidtlein
Commissioner U.S. International Trade Commission
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
Honorable James A. Worth
Administrative Patent Judge, PTAB U.S. Patent and Trademark Office
With conferences in the United States, Canada, Latin America and Europe, the C5 Group of Companies: American Conference Institute, Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.
Don’t miss the opportunity to maximize participation or showcase your organizations services and talent. For more information, please contact:
Aaron Goldstein A.Goldstein@AmericanConference.com
ITC Developments: Section 337 Filings and Appeals — The Notable Investigations, Consequential Decisions, and Policy Considerations
Join us as we discuss key developments at the ITC over the last twelve months, and forecast refinements to anticipate in 2025. We will also look at potential changes at the Federal Circuit and explore other notable considerations, such as:
• New trade policies under the Trump Administration that may influence the ITC
• Recent ITC rulings on Standard Essential Patents
• Effectiveness of the ITC when biopharmaceutical and medical device products are to be considered
• New industries that are turning to the ITC for relief
• Developments affecting ITC practice preparation and procedure
• Changes and trends in the numbers of investigations that are instituted, settled, resolved with exclusion orders, appealed and reversed on appeal
10:15 ALJ FIRESIDE CHAT
Be sure to join us in this session as our panel of ALJs provide us with insights from the Bench, including the ins and outs of 337 practice, differences between the ITC, Federal District Court, and other litigation forums and agencies.
Leaders of corporate IP departments may be tempted to neglect the public interest argument in an ITC investigation, considering that the ITC has only issued remedial orders due to public interest concerns in just three investigations. However, while the grant or denial of exclusionary relief in a Section 337 case rarely turns solely on public interest factors, the Commission and ALJs do take them into consideration.
In this session our panelists will assess the impact of public interest factors in ITC investigations and provide insights on:
• Factors that could lead the ITC to delay a remedial order
• Scenarios where products are “grandfathered” to prevent disruption to customers that already have violative products in the United States
• Facts that have historically satisfied the public interest prongs
• How remedies have been used to tailor exclusion orders
• Recent cases that involve public interest considerations, such as Apple v. Masimo and Certain Microfluidic Devices
12:30 Standard Essential Patents: Can the ITC Provide Remedies to Stop SEP Infringement?
Standard Essential Patent (SEP) policies continue to evolve, with recent policy statements providing inconsistent guidance on whether — and when — SEP owners should obtain injunctive relief against prospective licensees. The Trump Administration issued a policy statement asserting that injunctive relief and exclusion orders from the ITC should be “equally available” for SEP owners, but the Biden Administration withdrew this policy statement.
Despite this injunction-related uncertainty in US litigation, recent high-profile cases indicate that the ITC remains an attractive forum for SEP owners. In this session we will examine the approach and strategic role of the ITC in SEP litigation. Topics of discussion include:
• The willingness of US District Courts to issue injunctions in patent cases
• The need to be prepared to point to public interest concerns based on SEP owners’ FRAND (fair, reasonable, and nondiscriminatory) Commitments
• Analyzing recent SEP case developments and understanding recent policy statement
• The effects of the fast-paced and frequently expensive discovery
• The prospects for future exclusion orders on SEPs
1:30 Networking Luncheon
2:30 FIRESIDE CHAT WITH THE ITC
3:15 Litigation Funding in ITC: Mitigating the Challenges Created by TPLF in the ITC Arena
Third party litigation funding (TPLF) for 337 matters is on the rise and is the subject of increased discussion and scrutiny. The increase in TPLF has also created challenges for practitioners and Judges and raises concerns about corrupting the legal system by prioritizing profit over public interest. In this session we will examine:
• Judicial efforts to disclose TPLF agreements in the discovery phase
• Policymaker proposals and legislation aimed at increasing transparency and addressing concerns about foreign involvement in United States legal proceedings
• The potential for conflicts of interest and weakening of attorney-client privilege that can be created by TPLF
• Inappropriate influence on case strategies, settlement decisions, and other crucial elements that can undermine the integrity of legal advocacy 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 40 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.
4:30 IN-HOUSE ROUNDTABLE SERIES
–
Champagne Toast
PART I: Strategies for Initiating and Defending 337 Actions
Litigation in the ITC is fast and highly technical and requires a specialized knowledge of the forum. Respondents are often at a significant disadvantage at the beginning of an investigation because the complainant has had months to prepare its case. As such, it is critical to work productively within the condensed timeframe of a 337 investigation to optimize the outcome.
In this informative and interactive session our panel of in-house and outside counsel will examine effective strategies for initiating and defending 337 actions, such as:
• Managing the relationships between in-house and outside counsel
• Exploring scenarios that justify a cease-and-desist order
• Post-remedy enforcement
• Appellate procedures and tips for filing an appeal at the Federal Circuit
• Considering a Public Interest Submission
• Identifying and Filing Strategic Motions for Summary Determination
5:30 End
Tuesday, April 1, 2025
9:00 Co-Chairs Opening Remarks
9:15 IN-HOUSE ROUNDTABLE SERIES – Breakfast and Pastries
PART II: Respondents Subject to an ITC Exclusion Order: Options Available to Parties Seeking to Import Goods That May be Subject to an ITC Exclusion Order
After receiving an adverse ruling from the ITC, there are some options available to parties looking to reverse, narrow or work around the ITC’s exclusion order. Join Part II of our In-House Roundtable Series for this unique opportunity to interact and benchmark with in-house counsel, while reviewing real-world examples of how to overcome exclusion orders. Our panel will provide a summary of these options, including:
• Appeals to the Federal Circuit
• ITC advisory opinions
• ITC Revocation and Modification Proceedings
• Interaction with U.S. Customs and Border Protection
10:15 Navigating Parallel Proceedings and Concurrent Investigations: Strategies for Maneuvering Through the ITC, PTAB and District Courts
The Commission and its ALJs have long had the authority to stay an investigation under “appropriate circumstances,” including those involving Patent Office proceedings. In addition, the ITC favors speed and demands certainty before crediting PTAB invalidity rulings.
The “need for speed” can have its drawbacks however, particularly when addressing complicated issues of patent validity. When a PTAB final written decision becomes available before the Commission issues its Final Determination, the PTAB invalidity ruling could meaningfully assist the ITC in accurately carrying out its mandate. Join us in this session as we examine:
• Parallel records before the agency, corresponding motions to stay, and pitfalls to avoid
• Recent case law and developments on discretionary denials
• Guidelines to work within the timelines of an ITC proceeding alongside a concurrent PTAB action
• The interplay between ITC and PTAB and how they are intersecting at an increasing pace 11:15
11:45 Enforcement of Exclusion Orders: Engaging with Customs as a Claimant and Respondent
After a difficult and costly ITC investigation leads to an exclusion order, both the patent owner and accused patent infringer may think that the matter is finally over. However, the parties’ dispute will likely move to a new forum: the U.S. Bureau of Customs and Border Patrol. Once the exclusion order issues, there are specific guidelines that Customs puts in place to identify infringing goods and enforce the order.
Join us in this session as we examine the variety of options available to parties after an exclusion order issues, such as:
• Certification to CBP that goods may not be subject to the exclusion order
• Pursuit a Rule 177 ruling – for goods that are beyond the scope of the ITC exclusion order
• Importing a redesigned good “at-risk” and file a protest challenging exclusion of the good
• Petitions to obtain advisory opinions or modifications of the order
• Attempts to secure additional remedial orders and civil penalties
12:45 Networking Luncheon
1:45 The End of Chevron Deference: The Impact of Loper Bright v. Raimondo on ITC Litigation
The landmark Loper Bright decision marks the end of Chevron deference, the doctrine of deferring to an agency's interpretation of allegedly ambiguous statutory language. This ruling will increase the opportunities for regulated industries to challenge agency rules, including in proceedings before the Patent Trial and Appeal Board (PTAB) and the International Trade Commission (ITC). It also calls into question the powers courts will have to make judgments in the fields of science and tech (including A.I.).
Join us for this critical and interactive session as we delve into the far-reaching implications of this ruling. Topics of discussion will include:
• Understanding how the decision will affect Section 337 Filings and Appeals
• Examining the new legal landscape and its demand on outside counsel
• Predicting the potential for new and renewed legal challenges to longstanding federal regulations
• Analyzing the likelihood and scope of increased ITC litigation as a result of the ruling
2:30 Networking Break
2:45 Audience Polling THE BIG DEBATE Jurisdiction or Not: When Should the ITC Have Jurisdiction Over IP Disputes?
The ITC quickly investigates whether imports are harming U.S. businesses or violating intellectual property rights and can also determine if there has been trade secret misappropriation. After such investigations and examinations, the ITC can impose robust exclusion orders barring the importation of foreign-manufactured goods into the U.S.
However, critics feel that the ITC undertakes an analysis of asserted patents that are often in parallel with district courts adjudicating the same disputes, with no estoppel. There are some that feel the ITC’s authority to issue exclusion orders enforced by Customs and Border Protection could be handed over to federal courts, as could the ITC’s in rem jurisdiction over infringing articles.
Join us for an exciting and interactive debate, where our panelists will determine when — and under what circumstances — the ITC should gain jurisdiction over IP disputes.
3:30 ITC Town Hall and Wine Toast
Illuminating the Scope of the Domestic Industry Requirement: Examining the New and Proposed Revisions and Their Effect on Future ITC Practice
To access the ITC, Section 337 requires a complainant to show that it maintains the required level of economic activity within the United States and prove that this economic activity is devoted to exploiting the intellectual property right at issue. To adequately satisfy these requirements, complainants must show that they belong to a “domestic industry” that needs protection.
Be sure to join us in this closing session as we look at recent decisions and the effects of proposed revisions to these requirements, by:
• Evaluating the increasing role of the economic prong requirement
• Obtaining insight into how much investment is considered to be “significant” and “substantial”
• Dissecting the takeaways from Zircon Corp. v. ITC
• Examining the status of proposed legislation that impacts the domestic industry test
• Reviewing the application of the “mere importer” test used to determine if requirements are met
4:30 Closing Remarks and End of Conference | Thank you!
COMPANIES THAT HAVE ATTENDED THE PAST ITC EVENTS
• Farabow Garrett & Dunner LLP
• US International Trade Commission
• U.S. Customs & Border Protection Regulations and Rulings Office of Trade
• Husch Blackwell LLP
• Crowell & Moring LLP
• The Swatch Group
• Varian Medical Systems
• O’Melveny & Myers LLP
• K&L Gates LLP
• IMS ExpertServices
• The Brattle Group
• MPEG LA, LLC
• Baxter International
• HTC Corp
• Extreme Networks
• Fish & Richardson PC
• Wolf Greenfield & Sacks PC
• McKool Smith PC
• McAndrews Held & Malloy Ltd
• Kingston Technology Company
• Mayer Brown LLP
• Drinker Biddle & Reath LLP
• HP Inc
• Akebia Therapeutics
• Winston & Strawn LLP
• WIT Legal LLC
• Akin Gump
• RPX Corporation
• DLA Piper LLP
• Applied Materials
• Ocean Tomo LLC
• E Ink Corporations
• Amphenol Corp
• Resideo Technologies Inc
• Cruise
• Greenberg Traurig LLP
• Ericsson AB
• Media FLO USA Inc
• Infineon Technologies AG
• Brattle Group Inc
• Bose
• Finnegan Henderson Farabow Garrett & Dunner LLP
• Hogan Lovells US LLP
• Epiq
• Hytera America Inc
• Canon USA Inc
• Wilson Sonsini Goodrich & Rosati
• O Melveny & Myers LLP
• Unified Patents Inc
• Venable LLP
• McCarter & English LLP
• Foster Murphy Altman & Nickel PC
• Inventia Healthcare Pvt Ltd
• Knobbe Martens Olson & Bear LLP
• BMW of North America
• Mercedes Benz
• TransPerfect Legal Solutions
• Glenmark Pharma
• Fitzpatrick Cella Harper & Scinto
• LG Electronics U S A Inc
• Goodwin Procter LLP
• Alston & Bird
• James Pooley PLC
• Day Pitney LLP
• Ambrx Inc
• Sidley Associate LLP
• Cozen O Connor
• King and Spalding LLP
• Netlist
• Ropes & Gray LLP
• Elekta
• Wolf Greenfield
• American Honda Motor Co Inc
• Capital IP Law Group PLLC
• Berkeley Research Group LLC
• Paul Hastings LLP
• TI Fluid Systems
• Inventia
• Office of Unfair Import Investigations
• Doar Inc
• Wiley Rein LLP
• USITC
• FTI Consulting
• LevelUp
• US Customs & Border Protection
• Adduci Mastriani & Schaumberg LLP
• Quantum Corporation
• ADR & Law Offices of Harrie Samaras
• Carbonite Inc
• FisherBroyles LLP
• Nokia
• Sidley Austin LLP
• Toohey Law Group LLC
• DEKA Products Limited Partnership
• Analog Devices Inc
• Novo Nordisk
• International Trade Commission
• Taylor Wessing LLP
• Ray Quinney & Nebeker PC
• Sony Corporation of America
• Stout Risius Ross Inc
• Hughes Hubbard & Reed LLP
• Fortress Investment Group LLC
• PiVerse Inc
• Intel Corp
• Samsung Electronics America Inc
• Microsoft Corp
• Hewlett Packard Enterprise
• Hyundai Motor America
• Office of Trade U.S. Customs and Border Protection
• US Court of International Trade
• Morgan Lewis & Bockius LLP
• GW Law School Career Development Office
• TSMC
• ScienBiziP PC
• Covington & Burling LLP
• Xperi
• Allen & Overy LLP
• Comcast Cable Communications LLC
• Mintz Levin Cohn Ferris Glovsky & Popeo PC
• Akin Gump Strauss Hauer & Feld LLP
• Baker Botts LLP
• Technology Mediation Services LLC
• DOAR
• LightSpeed LLC
• JUUL Labs Inc
• Analysis Group Inc
• IBM
• Cisco Systems
• Pepper Hamilton LLP
• Kilpatrick Townsend & Stockton LLP
• Digital Evidence Group LLC
• Esquire Deposition Solutions
• TiVo Corporation
• Bose Corp
• Preston Gates & Ellis LLP
• Morrison & Foerster LLP
• Hoyng Rokh Monegier
• Zimmer Biomet
• U.S. Customs and Border Protection
• Kirkland & Ellis LLP
• The CJK Group
• Zenvision Pharma LLP
• Robins Kaplan LLP
• Ciena Corporation
• Synaptics
• Purdue Pharma LP
• Hoffmann & Baron LLP
• Qualcomm Technologies Inc
• Jones Day
• Sterne Kessler Goldstein & Fox
• US Patent & Trademark Office
• Orrick Herrington & Sutcliffe LLP
• Becton & Dickinson Company
• Foley & Lardner LLP
• Steptoe & Johnson LLP
• Brattle Group
Building VENUE INFORMATION
DC Bar Association
901 4th Street NW Suite 700, Washington DC 20001
Bed ACCOMMODATIONS
The following is a shortlist of hotels that are located close to the DC Bar Association.
Homewood Suites by
Hampton Inn WashingtonDowntown Convention Center
901 6th St NW, Washington DC 20001
Reservations: (202) 842-2500
To book directly with the hotel, please CLICK HERE
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 .
We are pleased to announce that we are offering a limited number of complimentary passes* for In-House Counsel to attend the ACI's 17th 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.
A full refund. All cancellations and changes must be submitted to CustomerService@AmericanConference.com by March 17, 2025
3 Ways to Register
ITCLitigation