A New Era for Litigation Before the International Trade Commission
Date: March 26, 2025
Time: 4:00-5:00pm ET
Zoom Webinar: Register Here!
Speakers:
Gina Johnson, Chief Legal Officer, The Ridge
Anthony Del Monaco, Senior IP Litigation Counsel, Lenovo
Joshua Hartman, Partner and Head of ITC Section 337 Group, Merchant & Gould P.C.
Mareesa Frederick, Partner, Finnegan
Introductions: Canby B. Wood, National Director of Business Development, Blueprint Trial Consulting & Co-Founder, Ad Idem Network
Description: On March 5, 2025, the Federal Circuit issued a decision in Lashify v. ITC that dramatically expands access to the International Trade Commission (ITC) for those seeking to enforce IP rights. The ITC, which investigates complaints concerning intellectual property infringement and unfair trade practices related to products imported into the United States, has the power to exclude imported goods from the United States and to enjoin domestic activities. The catch? Those seeking this extraordinary relief must satisfy the ITC’s domestic industry requirement, which requires a showing of significant or substantial U.S. investment related to the asserted rights. Although long-standing precedent limited access to the ITC and its powerful remedies by categorically excluding certain types of U.S. investments from the domestic industry assessment, the Lashify ruling upended this by removing these restrictions. With this new ruling, companies that previously did not view the ITC as a viable option, such as those companies without U.S. R&D or manufacturing operations, may now be able to use the ITC to enforce their rights. But Lashify also increases the risk that businesses that import finished products—or whose supply chains rely on imported components—will need to defend against ITC investigations.
Join us for a CLE Webinar on March 26 to learn about potential impacts of the Lashify ruling on both IP owners and importers. Our expert panelists will offer practical guidance for future litigation and supply chain management.
CLE (1HR) Pending NY, CA, IL, TX, GA
Thank you to Merchant & Gould for sponsoring the CLE!