Event Session
After Exclusion: How to Mitigate ITC Remedial Orders**
May 14, 2024 @ 3:30 PM EST
3:30 PM ET
May 14, 2024
After Exclusion: How to Mitigate ITC Remedial Orders**
The ITC has broad discretion to enter powerful remedial orders that exclude all infringing articles (not just those adjudicated in the ITC investigation) from entry into the United States. Respondents facing potential ITC remedial orders can mitigate the impact and scope of ITC remedial orders in a number of ways, including by redesigning the infringing articles, successfully challenging the asserted claims in a collateral attack on the patents at the Patent Trial and Appeal Board (PTAB), and obtaining explicit carve-outs in the remedial orders for certain uses (e.g., repairs, service, warranty replacement, governmental use).
This panel will break down the best strategies for respondents seeking to mitigate ITC remedial orders and will address how complainants can respond and will specifically discuss:
- Why timing is critical in section 337 litigation when introducing a redesign or challenging asserted patents at the PTAB.
- How to successfully challenge, narrow, or otherwise mitigate ITC remedial orders in front of the ITC, PTAB, and before Customs.
- The nuances and chances of success in having issued ITC remedial orders suspended, stayed, or vetoed through President Review.
Materials
What to Know About Adjudicating Redesigns Before and After ITC Determinations
Survey
https://www.surveymonkey.com/r/how-to-mitigate-ITC-remedial-orders
The ITC has broad discretion to enter powerful remedial orders that exclude all infringing articles (not just those adjudicated in the ITC investigation) from entry into the United States. Respondents facing potential ITC remedial orders can mitigate the impact and scope of ITC remedial orders in a number of ways, including by redesigning the infringing articles, successfully challenging the asserted…
Session Speakers
Sponsors
