U.S. Intellectual Property Litigation & ITC Actions - Tips and Pointers for Plaintiffs and Defendants

* Charlotte Lane, Commissioner, International Trade Commission (ITC), Washington D.C.
* Walter Kelley, Federal District Judge, Eastern District of Virginia
* Steven Adkins, Partner, Jones Day, Washington D.C.

China Business Committee, Intellectual Property Committee, and Law Committee

Chinese and Hong Kong-based businesses are increasingly becoming involved in IP litigation in the U.S., whether as defendants to ITC investigations or Federal court litigation, or indeed, increasingly, as plaintiffs asserting their U.S. IP rights against defendants.

Commissioner Lane will discuss Section 337 ITC investigations from a commissioner's perspective. Judge Kelley will discuss practicalities to consider in seeking to avoid U.S. IP litigation, and what to do if caught in such litigation. Mr. Adkins will focus on litigation strategy in light of some recent court rulings, such as the U.S. Supreme Court's decision in MedImmune. Mr. Adkins will address licensing as a prelude to litigation, whether to choose to initiate a case or wait to be sued, where best to litigate a case, the likely schedule for a case, how to frame claims/counterclaims, electronic discovery and, of course, how to talk to an American jury.