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On Demand

The ITCs New 'Interim ID' Pilot Program: Strategies and Words of Caution



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Description:
The U.S. International Trade Commission (ITC) recently announced a new pilot program that empowers the Administrative Law Judges (ALJs) who preside over section 337 investigations to issue an “interim initial determination” that resolves a case-dispositive or otherwise significant issue early in an investigation. Now, instead of being in trial nine to 10 months after the filing of a complaint, parties could be in trial in half that time on a discrete issue that ends the investigation entirely or dramatically tips the scale in one direction. The pilot program—assuming ALJs embrace it—provides §337 litigants with another tool to efficiently win these high stakes cases. In this webinar, IP lawyers from Orrick, Herrington & Sutcliffe join two in-house counsel who have directed recent section 337 investigations to discuss strategies and to offer words of caution relating to this new program.
 
 
Jordan Coyle - Section 337 investigations pose an enormous risk. Without proper counsel, the speed, complexity and potential cost can overwhelm companies and drain precious resources. Having handled nearly 60 such investigations, Jordan understands those risks, and how to safely and efficiently guide complainants, respondents and non-parties toward the best possible result.
 
Clients who enlisted Jordan’s help recently reported to Chambers USA that "you can trust he will be in the weeds and is able to spot untenable positions taken by the opposition" and that "he is a very capable attorney and he knows the procedural details of ITC investigations." He is recognized by Chambers USA as an Up and Coming Lawyer for International Trade: Intellectual Property (Section 337), and The Legal 500 also described Jordan as “the heart of the practice”, who “offers a wealth of ITC experience and knowledge, while maintaining a level of responsiveness and approachability that is second to none.“ He’s managed all aspects of Section 337 investigations, including 14 trials, from pre-complaint counseling and diligence to Federal Circuit appeals. The investigations have covered technologies including smartphones, tablets, televisions, flash memory, semiconductors, and medical devices.
 
He also represents plaintiffs and defendants across the country in cases involving claims of patent, trademark and copyright infringement, trade secret misappropriation and violations of the Digital Millennium Copyright Act.
 
Laura Najemy, a Senior Associate in the Boston office, is a member of the Intellectual Property group.  Her practice focuses on trademark, copyright, false advertising, and trade secret litigation in federal district courts.
 
Laura's litigation experience includes assisting with trial and witness preparation, drafting motions and oppositions, taking and defending expert and fact depositions, and managing discovery and case teams.  Prior to joining Orrick, Laura worked as an associate at Fish & Richardson P.C. focusing on trademark, false advertising, and trade secret litigation, as well as Goodwin Procter LLP, focusing on complex civil litigation in state and federal court.
 
From May to November 2014, Laura served as a Special District Attorney for Middlesex County.  In that capacity, she prosecuted felony and misdemeanor criminal cases, trying jury and bench trials to final verdict and arguing dispositive and evidentiary motions.  In 2010-2011, Laura completed a year-long fellowship at the Political Asylum/Immigration Representation (PAIR) Project in Boston, where she assisted individuals who were affirmatively seeking asylum as well as defended individuals who were in removal proceedings in front of the Immigration Court.  Through her pro bono practice, Laura continues to be committed to working to help individuals with various immigration matters.


Practice Areas: International Law & Global Trade
Online Media Type: Audio
Production Date: 10/29/2021
Level: Intermediate
Category: Standard
Duration: 1 Hours, 6 Minutes
Online Format: On Demand

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Status: Reciprocal Credit Available
Expiration: 10/28/2024
Training Type: Online

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Speakers:
Jordan Coyle, Esq - Orrick Herrington & Sutcliffe LLP
Laura Najemy, , Esq. - Orrick Herrington & Sutcliffe LLP
Saty Talati, Esq. - Mahindra
Alaina Kwasizur, Esq. - Sonos
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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