Highlights From The ITCTLA Annual Meeting (November 2013)

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The ITC Trial Lawyers Association (“ITCTLA”) held its Annual Meeting in the Commission Main Hearing Room on November 13, 2013. Highlights of the Annual Meeting included Chairman Irving Williamson’s Opening Remarks in which he advised that the Commission is still diligently reviewing investigations appropriate for the 100-Day Initial Determination (“ID”) Procedure. Chairman Williamson was followed by a Panel Discussion on “Public Interest and the Presidential Review Process,” during which U.S. Trade Representative Stanford K. McCoy advised that there are “possibilities for future cases” in which the Commission may appropriately issue an exclusion order involving a standard essential patent (“SEP”), notwithstanding the President’s disapproval of similar relief in the 337-TA-794 Investigation on August 3, 2013.

In a subsequent Panel Discussion on “In-House Counsel Perspectives on ITC Litigation,” the panelists favorably commented on the Commission’s 100-Day ID Procedure. The panelists advocated expanding the procedure to areas such as Section 101, claim construction, importation, and FRAND issues. Moreover, at least one of the panelists suggested that a procedure should be implemented whereby parties could request a 100-Day ID on specific issues in an investigation in order to assist the Commission in investigating such issues prior to institution of an investigation. For a recommendation on a proposed procedure for enabling Complainants, Proposed Respondents, and members of the public to assist the Commission in identifying dispositive issues for the 100-Day ID Procedure during the 30 day pre-institution period, see Section 337 Reporter Summer Associate Edition (2013) article by King & Spalding summer associates, Timothy H. Caine and Stephen R. Shin, entitled “Achieving Efficiency Through The Commission’s New 100-Day ID Procedure” (appended hereto).

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