Theodore Essex served as a U.S. International Trade Commission (ITC) judge for a decade, and is now Senior Counsel at Hogan Lovells in Washington, D.C., where he brings a wealth of knowledge to the firm’s Intellectual Property practice and clients around the globe. In addition to being admitted to the bars in the District of Columbia and Louisiana, he is also a registered solicitor in England and Wales.
Ted has been hailed an unofficial ambassador to intellectual property lawyers and judges throughout the United States, Asia, and Europe, and during his time at the ITC handled some of the most important and noteworthy Section 337 intellectual property infringement proceedings involving the world’s most valuable and renowned companies.
Before joining the ITC, Ted served 20 years in the U.S. Air Force as a Judge Advocate, where he had extensive international practice, gained experience working with labor, criminal and EEO law, and managed large offices of lawyers and staff. During this time Ted trained hundreds of attorneys, gave numerous lectures and published in variety of areas.
Ted also holds the distinction of being the only individual to have served as the president for both the Pauline Newman and Giles S. Rich American Inns of Court, both of which focus solely on intellectual property issues.
In addition, Ted is a professional lecturer in law at the George Washington University Law School and co-authored a chapter on ITC Mediation in the American Bar Association’s (ABA) book about alternative dispute resolution. He is also a registered solicitor in England and Wales. Ted’s appointments as co-moderator on multiple panels, including the ABA International Section Annual Meeting, are a testament to his sought-after judicial perspective. In addition to acting as a panelist at the esteemed 62nd Annual IP Conference at John Marshall Law School, Ted serves on the advisory board of the Center for Intellectual Property, Information & Privacy Law after being personally invited by Director of the center and Professor Daryl Lim and Senior Advisor Don Dunner.
On May 17, 2022, the Federal Trade Commission (FTC) submitted to Lisa Barton, Secretary of the International Trade Commission (ITC), a statement they believed was relevant to the public interest considerations before the Commission in a matter involving certain UMTS and LTE cellular communication modules (337-TA-1240). The ITC in many cases will invite statements on the Public Interest, and the FTC is often invited to make a submission. It should be noted, however, “Public Interest” in the ITC is a matter of statute, and there are four public interest factors which are statutory. Any statement in the Public Interest must address one or more of those factors. Other matters not within the statute are not public interest factors.
I recently became frustrated after reading an essay in the AIPLA newsletter by an attorney with Taft Stettinius & Hollister LLP on the topic of the new USPTO-DOJ-NIST Joint Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. I have seldom seen a writing where I disagree with everything a man writes, with the exception of a joke and his name. I took it apart paragraph by paragraph; my comments follow in red, while the author’s original text is in black.