Intellectual Property Litigation

Litigation Updates: Section 102, 103 and the ITC


The esteemed panel discusses various issues surrounding three very important intellectual property litigation topics: obviousness, the on-sale bar, and recent developments at the International Trade Commission.  They provide a look at recent case law and its effect in each of these areas and provide an in-depth look at each of the topics in these areas.


I. Obviousness
    A. Everything is Obvious
    B. Case Law
        1. Genzyme Corp. v. Dr. Reddy's Labs
        2. Apple Inc. v. Samsung Electronics Co. - Part I
        3. Apple Inc. v. Samsung Electronics Co. - Part II
        4. Circuit Check Inc. v. QXQ Inc.
    C. The On-Sale Bar
        1. Introduction
        2. The Statute
        3. On-Sale Bar Case Law
            a. Two Cases: Scaltech Inc. and Abbott Labs
            b. A Few More Cases
        4. Post-AIA On-Sale Bar
            a. Issues
            b. Case Law Post AIA
    D. ITC Jurisdiction Over Electronic Importation of Digital Products
        1. Statutory Backstory
        2. Suprema, Inc. v. Int'l Trade Commission
        3. Questions Left Unanswered
        4. ClearCorrect Operating v. Int'l Trade Commission
        5. Where Do Things Stand Now?
    E.  Panel and Audience Discussion
        1. Questions Answered

Content Provided

The American Intellectual Property Law Association (AIPLA) is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community, with approximately 13,500 members. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

AIPLA was formed in 1897 to maintain a high standard of professional ethics, to aid in the improvement in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

AIPLA is governed by a Board of Directors and has a staff of 25, headed by an Executive Director, located in Arlington, Virginia. AIPLA has more than 50 administrative and substantive committees which provide education to their members and formulate proposed positions for the Board of Directors to consider adopting as Association policy.

AIPLA is also actively involved in shaping US intellectual property policy through its work on legislation, federal regulations, and intellectual property cases in the US courts. Internationally, AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents and trademarks, regularly participates in meetings of the Word Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.

To qualify for membership, applicants must be members in good standing of the Bar of a court of record of the United States or any State. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries, or registered to practice before the Patent or Trademark Office in their country of citizenship or practice, to be considered for membership. AIPLA also has student affiliate memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools and affiliate membership is available to patent agents who are registered with the USPTO. Approximately 63% of the regular members are in private practice, 33% in corporate practice, with the remainder in the government or academia. See our membership application for more information.

AIPLA conducts three regularly scheduled conferences a year, mid-winter, spring, and fall, at which the Association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA conducts several stand-alone seminars on specialized areas of intellectual property law throughout the year around the country, as well as online educational programs.

The Association produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published electronically three times a year, and meeting papers from the regularly scheduled conferences and nationwide seminars. The Association also provides its members online access to a membership directory. Finally, AIPLA biennially publishes the Report of the Economic Survey, providing a significant benchmarking tool for compensation and charges in the intellectual property law field.

Speakers / Authors:

Photo of F. David Foster

F. David Foster

F. David Foster is with the law firm of Foster, Murphy, Altman & Nickel, PC where he focuses on international intellectual property matters, particularly international licensing and litigation, including representing both complainants and respondents in litigating patent disputes under Section 337 of the Tariff Act. Section 337 permits the United States to impose an embargo against imports of products that infringe United States intellectual property, including United States patents, copyrights, and trademarks. He also has handled numerous international trade regulation matters involving antidumping and countervailing duties, customs, market access, import relief, and trade policy.

Mr. Foster's association with Section 337 has been long and varied. He began his work with Section 337 in 1974 while at the General Counsel's office of the U.S. International Trade Commission (ITC), where he assisted in transforming Section 337 into its modern form and preparing its legislative history while representing the ITC in its work with Congress in the passage of the Trade Act of 1974. He subsequently chaired the Commission group drafting implementing regulations and assisted the Chairman of the ITC in presiding over cases as the Chairman's principal legal assistant. He then served as International Trade Counsel for the Senate Finance Committee where his primary involvement was oversight of the Multilateral Trade Negotiations and passage of implementing legislation. In addition, he oversaw the work of the Commission under Section 337, and was responsible for its budget authorization. Since moving to private practice, Mr. Foster has represented clients in nearly 60 Section 337 cases, many involving billions of dollars in trade.

Mr. Foster has represented clients in a wide variety of industries, including integrated circuits, optical wave guide fibers, pharmaceuticals, steel, agricultural products such as sugar and orange juice, cellular telephones, electronics, and sophisticated manufacturing equipment.

Mr. Foster received his LL.M. from Columbia University School of Law in 1973, his J.D. in 1972 from Arizona State University, and his B.A. from Arizona State University in 1969.

Photo of Jerry R. Selinger

Jerry R. Selinger

Jerry R. Selinger is a partner in the law firm of Patterson and Sheridan LLP. After three decades of litigating complex intellectual property cases, Mr. Selinger can quickly separate the wheat from the chaff—successfully litigating cases without spending precious resources pursuing every possible avenue regardless of its chances of success. He is the firm’s lead patent litigation attorney, and is well known for his ability to hone in on the core issues and concentrate the case strategy there, never letting ancillary issues distract him and his team.

Using this focused and efficient approach, Mr. Selinger has served as lead trial attorney on more than 100 patent cases on both sides of the docket, successfully resolving numerous complicated disputes to his clients’ satisfaction. He has the background and experience that allows him to try cases to juries in federal and state courts.

As a younger lawyer, Mr. Selinger defended a national moving company throughout the state of Texas. However, his focus always has been on patent litigation. He has a wide range of trial and appellate experience in both federal and state courts throughout the United States. He has obtained final judgments on behalf of aggrieved patent owners, such as a $15 million patent infringement judgment and “take nothing” judgments (winning on the merits of the disputes with no monetary or injunctive relief) in favor of accused infringers. In September 2016, he obtained a jury defense verdict in Marshall, Texas.

In addition to high-level strategy, Mr. Selinger stays involved in day-to-day tactical decision-making. He doesn’t win business and then hand off cases to more junior attorneys; instead, he enjoys working in the trenches and actively manages his cases. The lasting client relationships and repeat business he has built over the years are testament to the personal attention and efficiency he makes a priority.

Mr. Selinger is committed to shaping the IP industry by writing, teaching and leading organizations focused on intellectual property. He has filed amicus briefs on behalf of the American Intellectual Property Law Association in cases including Tafas v. Dudas, Alice Corp. v. CLS Bank and Samsung v. Apple. He received the AIPLA Project Award for his amicus briefs in Tafas.

Mr. Selinger received his J.D., with highest honors, from George Washington University Law School, his M.S. from Columbia University, and his B.S., cum laude, from SUNY at Buffalo.

Photo of Mansi Shah

Mansi Shah

Mansi Shah is an intellectual property attorney in Merchant & Gould’s Silicon Valley office where she manages patent, trademark, copyright, and trade secret litigation for her clients and achieves favorable results. Ms. Shah has a full spectrum of litigation and trial experience, from pre-litigation investigation through jury and bench trials, including arguing Markman hearings and taking depositions; drafting dispositive motions, discovery, pretrial, trial and post-trial motions; and claim construction. She constructs briefs at all stages, handles fact and expert discovery, and prepares witnesses for deposition and examination at trial. Mansi has represented Fortune 500 corporations—as both plaintiff and defendant—in complex cases involving technologies such as internet software, wireless communications, videoconferencing, databases, audio and video processing, printers, microprocessors, memory devices, and networking technology. 

In addition to her traditional IP litigation practice, Ms. Shah also counsels clients and conducts IP due diligence and both written and oral advocacy before the U.S. Patent and Trademark Office. She has experience in internal technology investigations and cases involving design patents, trade dress, and trademarks. With a background in software engineering and computer science, she has served as outside yet trusted “in-house” counsel for technology companies, analyzing and advising on a spectrum of IP issues to facilitate growth.

In 2016, Ms. Shah was named a Northern California Super Lawyer, and in 2015, she made the Lawyers of Color Power List, and was named an Illinois Super Lawyer. She is a past President of the South Asian Bar Association of North America. She is also a member of the Club Silicon Valley, and co-chair of its Thriving Workplace initiative.

Throughout her career, Ms. Shah has represented a diverse group of pro bono clients. Her first pro bono client was a Mexican transgender immigrant with HIV, who was seeking asylum. She was able to help her obtain a favorable outcome, and was recognized by the State Bar of California and the Los Angeles County Bar Association. 

Prior to practicing law, Ms. Shah was a coder for a defense contractor, where she worked on satellite and missile systems.

Ms. Shah received her J.D. from The George Washington University Law School, and her B.S. from University of California, San Diego.


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Course Code : 772542

Release Date : 12/29/2016

Length : 1hr 12min
Recorded Date : 10/27/2016

Format Type : eLearning
Mobile Compatible

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