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The Advantages of Litigating Patent Infringement Lawsuits in the ITC
Many American companies have become increasingly frustrated at what they perceive as the lack of respect for intellectual property rights by foreign countries. While this situation is likely to improve with time as countries such as China and India realize that the protection of intellectual property rights can be an engine for growth, in the short run, U.S. companies should consider whether they are doing enough to prevent the importation of products that were manufactured overseas and that may infringe U.S. patents. Most IP practitioners are certainly aware that U.S. patent owners may sue a foreign manufacturer in federal district court in the United States for patent infringement and can seek damages and an injunction against the further importation of the infringing products. Many IP practitioners may not be familiar, however, with Section 337 investigations that are conducted by the International Trade Commission (“ITC”). This avenue provides a relatively quick remedy against foreign infringers and may offer significant advantages over traditional litigation in federal court.
Before turning to the respective advantages and disadvantages of filing a complaint with the ITC as compared with federal district court, it is important to have a basic understanding of an ITC action. In order to commence an ITC action, a party generally files a complaint with the ITC, which is a quasi-judicial agency created by Congress to monitor and curtail unfair international trade practices. The ITC then determines whether the request meets the basic criteria for an ITC action and, if it does, the Commission assigns an Administrative Law Judge (“ALJ”) to the matter. The ALJ sets the procedural schedule, resolves discovery disputes and conducts a formal hearing on the merits of the investigation in conformity with the requirements of the Administrative Procedures Act. The ITC also assigns an investigative attorney from the Office of Unfair Import Investigation (“OUII”) whose primary function is to represent the public interest in the investigation. After the hearing, the ALJ issues an Initial Determination that is forwarded to the Commission to review and either adopt, modify or revise.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.