IP Practice at the USITC (LAW-832-001)
Anthony DelMonaco, Andrew Riley
All summer 2021 classes will be taught online. Classes may have a combination of live sessions and asynchronous materials/assignments. The block of time listed here will be the maximum amount of live session meeting time expected of you and may decrease.
IP at the USITC examines the unique procedural andýsubstantive issues that distinguish ITC IPýinvestigations from litigation in US districtýcourts. Taught by active ITC practitioners, theýcourse seeks to provide practical litigationýexercises.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
There is no casebook for this class. You can find all the readings for the class on the MyWCL course page. Most of the readings come from public ITC investigations and the actual statutes you would use and analyze regularly in practice. Additionally, you should go to https://edis.usitc.gov/external/?loginPrompt=true and sign up for a free public account. While not as sophisticated as Westlaw or Lexis, you cannot practice before the ITC without some working knowledge of EDIS (Electronic Document Information System).
A quick note on how to approach the reading material: Some USITC publications listed in the syllabus below contain more than one document from the investigation and can easily run into the hundreds of pages. For example, USITC Pub. No. 3609 from class 3 contains the Notice of Investigation, the Commission Determination and Order, and the Commission Opinion and separate opinions. Do not be alarmed. You need only review those documents for the select pages from the publication that are indicated on the syllabus. Most of those pages have been identified below in red in the PDF to make it easier to locate. You can skim the remaining material in the publication and you should generally familiarize yourself with the other types of material in the publication and the requirements of each. You do not need to review the entire publication in most cases. Please use your best judgment.
First Class Readings
- Cisco Sys., Inc. v. Int’l Trade Comm’n, 873 F.3d 1354, 1357 (Fed. Cir. 2017) [Procedural history section].
- Certain Non-Volatile Memory Devices and Products Containing Same, Inv. No. 337-TA-1046 (Oct. 26, 2018) [Skim LEO at PDF 9-12; Cease & Desist Order at PDF 14-21; Comm. Op. at 2-7 (PDF 42-47)].
- [Skim] Tariff Act of 1930 (as amended), 19 U.S.C. § 1337 (“Section 337”).
- [Skim] ITC Rules of Practice and Procedure, 19 C.F.R. § 210
Use your MyAU username and password to access the syllabus in the following format(s):