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Event Session

Panel #9 – After Exclusion: How to Mitigate ITC Remedial Orders

May 14, 2024 @ 3:30 PM EST

3:30 PM ET
May 14, 2024

Panel #9 – After Exclusion: How to Mitigate ITC Remedial Orders

View Session Speakers

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.

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Add to Calendar 05/22/2024 7:06 AM America/New_York Panel #9 – 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…

Session Speakers

Paul Bartkowski

Managing Member

Bartkowski PLLC

Libbie DiMarco

Shareholder, Litigation Practice

Wolf Greenfield

P. Andrew Riley

P. Andrew Riley

Attorney At Law

Mei & Mark, LLP