Non-Practicing Entities Before the ITC: Notable Investigations and Challenges in Defensive Litigation

23 Jun 2020 02:00 p.m. - 03:00 p.m. EDT

MoFo partner Stefani Shanberg will speak at a virtual panel on “Non-Practicing Entities Before the ITC.” Presented by ACI’s ITC Litigation and Enforcement, this webinar event will focus on notable investigations and challenges in defensive litigation before the U.S. International Trade Commission. 

As NPEs continue to seek and obtain remedies through the ITC, their opponents are increasingly dismayed at what they consider to be radical departure from the intended purpose of this body. In this interactive discussion, defense counsel will analyze:

  • The legislative history of the ITC and how Section 337 proceedings involving NPEs have evolved
  • Why some NPEs turn to the ITC while others do not and advantages of this venue over district court that are particular to NPEs
  • Questions over the proportionality of remedies to the violations for which relief is sought
  • How unwilling licensees and other reluctant third parties are implicated in Section 337 proceedings
  • What companies can do to challenge claims by NPEs that they deem to abuse the process and stray from the objective of the ITC
Panelists include:
  • Sean C. Cunningham, Partner; US Chair, Patent Litigation Practice, DLA Piper LLP (San Diego, CA)
  • Daniel Foster, Senior Attorney, Litigation Group, Corporate, External, and Legal Affairs Department, Microsoft Corporation (Redmond, WA)
  • Elizabeth A. Niemeyer, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (Washington, DC)
  • Stefani E. Shanberg, Partner, Morrison & Foerster LLP (San Francisco, CA)

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