AIPLA International Trade Committee

1 July 2015 Committee Report and Workplan

Chair: James B. Altman Vice-Chair: Michael L. Doane

Prepared for: Interim Report Prior to the 2015 Annual Meeting to be held in Washington, D.C. on Oct. 22 - 24, 2015.

Values / Mission

Increase AIPLA members’ and public understanding of the importance and role of intellectual property protection at the U.S. International Trade Commission.

Improve AIPLA members’ knowledge of and ability to practice before the ITC.

Recent activities

 June 25, 2015: We held a telephonic presentation on Interesting and Unusual ALJ Ground Rules. Presentations were made by Mareesa Frederick (Judge Bullock’s Ground Rules), Evan Langdon (Judge Essex’s Ground Rules), Eric Kaviar (Judge Shaw’s Ground Rules), Aarti Shah (Judge Lord’s Ground Rules), and Lisa Kattan (Judge Pender’s Ground Rules). We had 27 attendees.

 May 1, 2015: The Committee met at the Spring Meeting in Los Angeles. We discussed several recent developments in Section 337 litigation and concerning enforcement of Exclusion Orders by Customs and Border Protection and by the ITC.

 March 26, 2015: We held a telephonic presentation, co-sponsored by the Patent Litigation and Trade Secret Law Committees. A senior official from the Intellectual Property Rights Branch of U.S. Customs and Border Protection, the office that is responsible for policy and decisions about the enforcement of Section 337 exclusion orders, discussed enforcement of such exclusion orders, and a proposed rulemaking that Customs is expected to issue later this Spring concerning enforcement of such orders. There were 92 callers on the conference.

 Jan. 30, 2014, Mid-Winter Meeting: We coordinated a panel on licensing and Section 337 for the Mid-Winter meeting in Orlando in January. The panel discussed the use of Section 337 for licensed products, enforcement of exclusion orders by Customs, and the role of licensing in meeting the domestic industry requirement. (Our panel, Track 2 on a Friday afternoon at 4 – 5:30 pm, significantly outdrew the plenary Track 1 panel. We had about 40 attendees.)

Future Projects

 Summer or early Fall: We plan to have a telephonic meeting to discuss the current state of e-discovery at the ITC.

 2015: We plan to follow up on the anticipated rulemaking from U.S. Customs and Border Protection, discussed above, to improve Customs’ enforcement of ITC Section 337 Exclusion Orders.

 October 2015, Annual Meeting: We are planning a two-hour Joint CLE Session with the Biotechnology Committee at the 2015 Annual Meeting on litigation of biotechnology patents in district court, at the ITC, and at the PTO.

 We are also considering future meetings (of the ITC Committee, CLE meetings with other Committees, and/or presentations at full AIPLA meetings) on the following topics, among others:

o A meeting with some of the ITC ALJs o Global IP Enforcement (with the Corporate Committee, AIPPI) o A Comparision of Different Countries’ Border Measures (with the China, EU, Japan Committees) o Non-monetary relief for patent infringement (Corporate, Patent Litigation Committees) o A meeting with the new ITC Chairman, Meredith Broadbent o A meeting with ITC Commissioner Kieff, the first Commissioner with an extensive IP background o Expedited IP Relief: Rocket Dockets v. Preliminary injunctions v. ITC

2 o A meeting with Stevan Mitchell, Director of the Office of Intellectual Property Rights at the Department of Commerce’s International Trade Administration (perhaps together with the Counterfeiting and Piracy Committee) o FRAND/SEP (with the Antitrust and/or Standards Committees)