Non-Patent Section 337 Litigation at the U.S. International Trade Commission (RECORDING)
The U.S. International Trade Commission, a quasi-judicial federal agency located in Washington, D.C., is responsible for enforcing 19 U.S.C. § 1337. Section 337 is a trade statute designed to protect U.S. industries from injuries caused by the importation of goods connected to unfair acts. Section 337 investigations have an abbreviated timeline, spanning approximately 18 months from filing to final decision in many cases. The ITC cannot impose monetary damages, but it can issue a powerful remedy called an exclusion order.
An exclusion order is effectively an injunction barring a company from importing its products into the U.S. market which is enforced by U.S. Customs and Border Protection. Due to its speed and powerful remedy, the ITC has become a forum of choice for many patent owners bringing infringement claims. But although most Section 337 investigations are based on patent infringement allegations, the ITC has sweeping authority to investigate just about any other unlawful or unethical business practice involving the importation of goods into the United States. Recently, the ITC has seen an increase in such non-patent claims, including those relating to false advertising, trade secret misappropriation, and even asserted violations of the Food, Drug, and Cosmetic Act.
In this webinar, panelists will discuss the types of non-patent claims that have been brought recently or could be brought at the ITC, how Section 337 proceedings differ when non-patent claims are raised, and the recent uptick in certain types of non-patent ITC proceedings.
Matt McDonell, Zimmer Biomet
Kecia Reynolds, Pillsbury Winthrop Shaw Pittman LLP
Matt Rizzolo, Ropes and Gray LLP
Matt McDonell is senior patent counsel at Zimmer Biomet, a global leader in musculoskeletal healthcare headquartered in Warsaw, Indiana. Matt supports internal clients in the business units of Computer Assisted Surgery, Robotics, Personalized Solutions, Connected Health, and Bone Cement on all aspects of intellectual property law. Matt has recently co-led Zimmer Biomet’s efforts in U.S. federal patent litigation relating to fluid waste management systems and in Section 337 investigations before the U.S. International Trade Commission relating to the importation of bone cements. Prior to joining Zimmer Biomet in 2016, Matt was an associate in the IP Litigation group of Ropes & Gray, based in Chicago, Illinois.
Pillsbury Winthrop Shaw Pittman LLP
Kecia J. Reynolds is a partner in Pillsbury’s Intellectual Property Litigation practice, and the leader of the Section 337 International Trade Commission Litigation practice. Kecia is a first-chair litigator in trade related IP infringement and unfair competition disputes. Kecia has litigated more than 60 cases before the ITC. Kecia also litigates before the Patent Trial and Appeal Board and district courts. Kecia represents U.S. and foreign manufacturers, suppliers, and retailers of consumer products, medical devices, and telecommunications equipment.
Ropes & Gray LLP
Matt Rizzolo is a partner at Ropes & Gray in Washington, D.C. He is a litigator who works extensively with technology companies to both enforce clients’ intellectual property rights and defend clients from infringement claims. Matt has significant experience litigating patent cases in a variety of jurisdictions, including federal district courts throughout the United States, the Court of Federal Claims, and in Section 337 actions before the U.S. International Trade Commission. His practice encompasses all facets of litigation, from pre-suit investigation through trial, post-trial proceedings, and appeals. He has additional experience in drafting and negotiating patent and technology licensing agreements.