SEPs at the ITC: Important Tool or Exercise in Futility?

Director Ryan C. Richardson and Associate Davin B. Guinn presented the webinar “SEPs at the ITC: Important Tool or Exercise in Futility?” hosted by Lexology and IAM on Thursday, December 15, 2022, at 11:00 a.m. ET. The webinar is now available to view on demand at no cost here.

Description

The 4th Industrial Revolution is bringing together traditionally separate industries through connectivity. The convergence of disparate industries, such as telecommunications, healthcare, automotive, home appliance, and energy, has led to a rise in standardized technologies, and with it an influx of standard essential patents (SEPs). However, each of these industries has traditionally addressed patents and patent licensing quite differently. This trend has only continued as SEPs have become more prevalent in these industries. Naturally, the different approaches to patents and patent licensing have led to an increase in SEP disputes.

Over the last several years, we have seen these SEP disputes play out on the political stage and in the courts, both domestically and abroad. During this time, SEP holders and technology implementers have received guidance on how best to protect their interests during SEP disputes, and how various courts around the world can be leveraged by both sides to advance those interests. However, there is one particular court system that SEP holders and technology implementers have received much less guidance from over the years, and that is the United States International Trade Commission (USITC). During this webinar, we will: (i) examine how SEPs have fared at the USITC over the years, (ii) provide practical considerations when contemplating bringing an SEP dispute before the USITC, and (iii) provide a series of best practices for both SEP holders and technology implementers when involved in an SEP dispute before the USITC.