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The ITC and Its Application in Medical Device Litigation

January 27, 2021

Arnold & Porter Webinar

By David A. Caine Philip W. Marsh Assad H. Rajani Bridgette C. Gershoni

During this webinar, the first in our medial devices discussion series, members of our Intellectual Property team discuss our International Trade Commission (ITC) practice, focusing on its direct experience in recent and relevant medical device related cases. In 2020, The team took part in two ITC investigations through evidentiary hearings—the ITC's equivalent of trial. The first—before pandemic lockdowns—was an in-person trial and the second was one of the ITC's first, entirely virtual trials in the wake of pandemic lockdowns. In both, the accused products were bone cements and related accessories with very significant sales in the US, and both investigations involved hotly disputed claims of trade secret misappropriation.

Topics

Particular hallmarks and strategies of ITC practice, especially as they relate to imported medical devices.
Important differences between statutory causes of action (e.g., patent infringement) and non-statutory causes of action (e.g., trade secret misappropriation), and their respective implications for medical device technology.
Additional issues for consideration for medical device manufacturers and/or distributors contemplating launching (or defending against) an ITC complaint.
Logistics and procedural timelines that would affect any such investigation.