Overview

The fifth edition of this guide to Section 337 investigations reflects insights from decades of cumulative experience before the U.S. International Trade Commission. As practice under Section 337 has increasingly grown, particularly in the last several years, so has interpretation of the law. Many precepts once taken for granted have been overruled and others have arisen that will survive until challenged in the future. This revised and essential guide provides an introduction to practice under Section 337 before the U.S. International Trade Commission for those who are not familiar with it, or for those who want a quick update about what to expect when filing a complaint or in being named as a respondent in a Section 337 investigation. A Lawyer's Guide to Section 337 Investigations Before the U.S. International Trade Commission, Fifth Edition, includes informed analysis and explanation of the participants in these investigations and discusses the unique role played by the ITC. It also focuses on the procedural rules of a Section 337 investigation, including preparation of a complaint, the discovery process and other pre-hearing procedures, the hearing and post-hearing processes and the remedies available to a successful complainant. Other topics addressed include enforcement of a violation ruling, parallel litigation and appellate court review of Commission decisions.

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9781639054497

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Tom M. Schaumberg has more than 40 years of experience before the U.S. International Trade Commission (ITC). He has handled numerous Section 337 investigations, has counseled and represented clients on licensing and trade policy issues, has conducted intellectual property litigation in the federal courts, and has engaged in international arbitration. Currently, Mr. Schaumberg is a partner with Levi Snotherly & Schaumberg, PLLC, an international trade law firm based in Washington, D.C., with one of the most successful and top-ranked Section 337 practices in the United States. He and his firm have received recognition from publications such as Chambers USA: America's Leading Lawyers for Business, The Legal 500, IP Law & Business, Managing Intellectual Property, and SuperLawyers. "" Mr. Schaumberg is the Editor of the 1st, 2nd, 3rd and current 4th editions of ""A Lawyer's Guide to Section 337 Investigations Before the U.S. International Trade Commission"" published by the American Bar Association Section of Intellectual Property Law.  A longtime advocate of the importance of Section 337 as an effective border enforcement mechanism against unfair import competition, Mr. Schaumberg has been a pioneer in various trade bar groups and associations with an interest in the statute. In 1984 he helped found the ITC Trial Lawyers Association, was its first president, and continues to participate on its executive committee. As an active member of the American Intellectual Property Law Association, he was asked to establish and chair the Committee on the International Trade Commission in 2007. Mr. Schaumberg also helped to establish and served on the ITC Committee of the Intellectual Property Owners Association and, from 2004 to 2006, served as the committee's first vice chair. He is a member of the Intellectual Property Law Sections of both the District of Columbia Bar and the American Bar Association, as well as a member of the Federal Circuit Bar Association. Mr. Schaumberg has long been involved in shaping policies that have an impact on Section 337. Currently he is working on issues that have arisen under Section 337 with respect to non-practicing entities and standard-setting organizations. Mr. Schaumberg also spent time developing ideas with an ad hoc committee of interested corporations and organizations to address the 1988 General Agreement on Tariffs and Trade Panel Report objecting to certain aspects of Section 337. These efforts contributed to the 1995 amendments to Section 337 establishing target dates, providing for district court stays, removing counterclaims to district court, and codifying commission practice with respect to general exclusion orders. Mr. Schaumberg was born in Amsterdam, Holland. He studied for one year each at the University of Paris, France, and the University of Frankfurt, Germany, and he received his undergraduate degree from Yale University and his LLB from Harvard Law School. He is proficient in German, French, and Dutch. Mr. Schaumberg's international background, as well as his experience in antitrust, business, and administrative law, has enabled him to represent both domestic and foreign clients effectively in connection with international trade issues. Mr. Schaumberg has lectured extensively before bar groups on international trade law and has published numerous articles on Section 337 practice. He was selected by the U.S. Trade Representative to serve on the bi-national panels convened under the United States'Canada Free-Trade Agreement to provide review of antidumping and countervailing duty decisions. Prior to beginning his career as a Section 337 practitioner, Mr. Schaumberg was active as a business lawyer. He began his career as an attorney in the Merger Division, Bureau of Restraint of Trade, at the U.S. Federal Trade Commission. Mr. Schaumberg is admitted to the U.S. Supreme Court, where he had the privilege of arguing one of the first Freedom of Information Act cases; the U.S. Court of International Trade; and the U.S. Court of Appeals for the Federal Circuit. October 2012 Gary M. Hnath is a partner in the Washington, D.C., office of Mayer Brown, LLP, a leading global law firm, where he focuses his practice on intellectual property litigation and counseling, including disputes involving patent, trademark, and copyright infringement and trade secrets. Gary has 35 years of experience in litigating cases at the U.S. International Trade Commission (ITC) and has handled more than 50 Section 337 investigations, most of them as lead counsel. Gary has been ranked for nine years by Chambers & Partners USA as a leading attorney for U.S. ITC matters and Intellectual Property Litigation. Additionally, Gary is recognized in the gold tier by IAM Patent 1000 for Patent Litigation and as an “IP Star” by Managing IP for Patent Law and most recently was named to IAM’s list of Global Leaders, which highlights the world’s top private practice patent practitioners for their experience and expertise, as well as for their ability to innovate, inspire, and deliver value for their clients.

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