Section 337 investigations and litigation are evolving in important ways ─ from public interest considerations to novel ways of satisfying the domestic industry requirement and new approaches to Standard Essential Patents. Topics discussed in this presentation will include:

• Learn what is involved in the administration of GEOs and limited exclusion orders (LEOs) at U.S. Customs and Border Protection (“Customs”)

• Gain insights into steps a license holder should take to ensure the proper enforcement of an exclusion order and to work with authorities in the relevant procedures

• Delve into how jurisdiction over enforcement and modification proceedings is split between the ITC and Customs

• Examine the Commission’s institution on its own initiative of a modification proceeding in Certain Road Construction Machines & Components Thereof (Inv. 337 TA 1088) in January 2020 following the respondent’s plea to Customs to address redesign of the product

• As a respondent, understand how to best time your introduction of a redesign into an ITC proceeding at the investigation stage and how to appropriately navigate modification proceedings

• Explore how the decision likely to be rendered prior to June in Certain Human Milk Oligosaccharides and Methods of Producing the Same (Inv. No. 337-TA-1120) will bear materiality on the question of redesigns

• Learn how the pending decision in Panjiva, Inc. et al v. United States Customs and Border Protection et al. (No. 19-118), an appellate dispute over whether aircraft manifest data can be made public, is likely to affect future Customs enforcement

• Explore how current policy priorities under the Trump administration have impacted enforcement of exclusion orders