The Rise of Non-Practicing Entity Complaints at the ITC: Current Trends and Potential Responses

On Wednesday, June 12, 2013, Morgan Lewis presented the 2013 Technology Series webinar, "The Rise of Non-Practicing Entity Complaints at the ITC: Current Trends and Potential Responses."

The number of section 337 investigations at the International Trade Commission (ITC) has grown significantly in recent years, aided by a sharp increase both in the number of ITC complaints filed by non-practicing entities (NPEs) and in the number of respondents named in the complaints. Companies named as respondents in these NPE complaints face enormous litigation costs as well as the business uncertainty associated with the risk that they will receive an exclusion order prohibiting their product from being imported into the United States.

This one-hour webinar discussed the following topics:

• The underlying factors leading NPEs to the ITC in recent years, including the impact of the Supreme Court's analysis
• Potential remedies for NPE complaints
• Domestic industry requirements and the statutory language of section 337
• The ITC's unique speed and procedures (e.g., joinder, e-discovery, counterclaims, and stays pending reexamination)
• Increased fair, reasonable, and non-discriminatory (FRAND) concerns of NPEs in the ITC
• Proposals aimed at addressing these issues

We also discussed practical, tactical ways in which potential targets of NPE complaints may prepare in advance for these cases as well as strategies to consider when a party is named by an NPE as a respondent in an ITC investigation.

Panelists:
Eric S. Namrow | Partner, Washington, D.C.
Mark W. Taylor | Associate, Washington, D.C.

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