Patent Law

The American Bar Association is hosting the above-titled teleconference and live audio webcast program on May 5, 2009.

The U.S. International Trade Commission is increasingly the forum of choice for litigation directed against importers and distributors of products that infringe U.S. patents, trademarks, copyrights, or that are otherwise somehow tainted by unfair methods of competition. These cases (so-called ?Section 337 cases?) are so popular because:

• they are much faster and less expensive than comparable court cases (even in ?rocket dockets?);
• they are tried to experienced Administrative Law Judges who handle these cases exclusively;
• an ITC Staff attorney is involved in every case to assure that private parties have access to assistance if they need it;
• injunctive relief is automatically granted if the complaining party wins;
• U.S. Customs and Border Protection automatically excludes any further importations of goods found to infringe ? at no cost to and without further involvement by the complaining party;
• any company conducting legitimate activities in the U.S. that is the victim of unfair trade practices from abroad can bring a Section 337 case, regardless of it country of origin (Section 337 cases have been brought by companies based in virtually every industrialized country in the world);
• accused infringers cannot avoid the ITC?s in rem jurisdiction once their products have entered into the U.S.;
• and relief is automatically awarded against defaulters.

Faculty

Thomas Fusco, U.S. International Trade Commission

Marylee Jenkins (Moderator), Arent Fox, LLP

Ralph Mittleberger, Arent Fox, LLP

More details and registration are available here.