Are injunctions at the ITC and district court within reach for SEPs?

Join us on the 27^thof February 2023 | 15.30 GMT

Noah Brumfield

James Gagen

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Are injunctions at the ITC and district court within reach for SEPs?

In this webinar, US antitrust and patent litigators provide insight into the current enforcement climate in the US for those seeking to obtain injunctions based on infringement of standard essential patents. The intersection of IP and competition law in this area has been a flashpoint in recent years, particularly in the US, and requires a comprehensive understanding of numerous, and often varying, legal precedents and policies (both public and private). The panelists will discuss how the relevant considerations for asserting standard essential patents at the US International Trade Commission (USITC) have developed over the years, especially in light of the interplay between the USITC and US competition authorities. The panelists will also provide an update on the US competition law implications of seeking and obtaining injunctive relief in the standard essential patent context, drawing on recent changes in competition authority policies and approaches.

About the Speakers

Noah Brumfield

Noah is a partner in A&O’s Antitrust practice and splits his time between Washington, D.C. and Silicon Valley. He partners with clients to craft and execute global antitrust strategies while also representing them before US courts, the US Department of Justice, Federal Trade Commission, and the various states’ Attorney General offices.

Antitrust plaintiffs and enforcers are invoking the antitrust laws in increasingly novel ways in private litigation and government investigations. Noah provides creative and nimble strategies that are specific to his client’s business objectives, whether they are in high-stakes litigation or planning a transformative deal. He is singularly focused on understanding each client to provide practical, business-oriented solutions.

Noah draws on his 20 years of experience with complex cross-border antitrust issues, with a focus on how the antitrust laws intersect with intellectual property. He has successfully defended and asserted antitrust claims in merger and non-merger investigations before the enforcement agencies, and in federal district court.

James Gagen

Jay is an experienced litigator whose practice focuses on intellectual property, international trade, and competition matters in federal tribunals around the country.

Jay is known for his expertise in Section 337 matters at the International Trade Commission, where he has successfully prevailed in numerous investigations on behalf of Complainants and Respondents. Global technology companies look to Jay to handle complex litigation matters in federal courts, and Jay’s recent experience has included defense of a Japanese company in several securities-related matters, defense of an importer in a trade-related False Claims Act matter, and defense of a leading U.S. technology company in a series of patent infringement cases at the International Trade Commission and in federal courts.

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