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Ryan Deck


Troutman Pepper

Ryan Deck is an Associate with Troutman Pepper, primarily focusing on patent and complex litigation. His litigation experiences cover all aspects of a case, from investigation and diligence through pleadings, fact and expert discovery, trial, appeals, and settlement, as well as mediation, arbitration, and licensing. Ryan has significant experience in Section 337 investigations before the U.S. International Trade Commission (USITC), as well as federal court litigation throughout the U.S. and state court actions in Massachusetts. He also has experience litigating trademark, trade secret, and contract matters in both state and federal courts.

Recent Articles by Ryan Deck

The Federal Circuit Could Make the ITC a More Appealing Forum

In a pending case, the Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement at the United States International Trade Commission (ITC). In ruling, the court will likely resolve a long-running dispute between individual commissioners regarding how to apply the so-called “mere importer” test when determining whether the domestic industry requirement is met. If the complainant, Lashify, prevails, it could make the ITC a more appealing forum for patent infringement suits involving entities that have under-utilized the ITC, including inventors, universities, and start-ups. The case at issue is Lashify, Inc. v. ITC, No. 23-1245.

Defending Breakthrough Innovations – Protecting University Patents at the ITC

Many universities recognize the value of their patent portfolios and the need to protect their intellectual property rights from unlicensed and unfair use. When licensing negotiations break down, universities generally seek to enforce their rights in U.S. district courts, but overlook a potentially more favorable forum: the United States International Trade Commission (ITC). The ITC is a unique patent forum with experienced judges, defined patent rules, and statutory mandates to provide a timely resolution. More importantly, the ITC was designed protect U.S. industries, including the research and development performed at universities. This is not a hypothetical exercise: one university recently utilized the ITC, blazing a path that others can follow. As explained below, more universities should follow suit.