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Message from the President

The ITC has had a busy year.  We welcomed two new Commissioners this year: Randolph Stayin and Amy Karpel.  We also welcomed new Administrative Law Judge Cameron Elliot, and said goodbye to former ALJ Thomas Pender.  The Section 337 caseload has kept apace of the recent surge in section 337 filings.  During the 2019 fiscal year, fifty-eight new complaints and ancillary proceedings were filed, and sixty were completed.  At the close of the 2019 fiscal year, 127 investigations were still active.

The ITCTLA kept busy as well.  Consistent with our mission to “improve the administration of Section 337 and informing attorneys, international trade officials, and legislators about practice before the ITC,” we had a full year of networking and educational outreach events.  We hosted the ITCTLA’s Spring Meeting in May at the Reagan International Center, where Judge Kimberly Moore of the U.S. Court of Appeals for the Federal Circuit delivered our keynote address.  The Young Lawyers Committee hosted a well-attended networking event in April.  Our ad hoc outreach committee organized and hosted two educational events outside the Capital area this year:  one in May in Atlanta in conjunction with the IP Section of the Georgia State Bar Association, and another in September at the Kline Institute for Trial Advocacy at Drexel University in Philadelphia in conjunction with the New Jersey Intellectual Property Association and the Philadelphia Intellectual Property Law Association.  The Philadelphia event was particularly well attended, with 42 members of the Commission, the bar, and academia participating.   The November 21 Annual Meeting also promises to be exciting.  We have four substantive panel presentations scheduled for the daytime program at the George Washington University Law School, and will host a cocktail reception and dinner at the National Press Club, where former Commerce Department Undersecretary for International Trade Gilbert Kaplan will deliver the keynote address.  If you have not done so already, I encourage you to register for the Annual meeting.

We delivered consistent, high quality content to our membership this year.  We regularly published the Section 337 Monthly Roundup, which is the go-to resource for recent case developments in the Section 337 bar.  We also published the 2019 edition of the Section 337 Reporter - Summer Associate Edition.  The Summer Associate Edition offers longer, well-researched articles on topics of interest to Section 337 practitioners.  Members are increasingly recognizing the value the scholarship in these publications.

Our advocacy arm has been active as well.  In May, we filed an amicus brief in support of the appellant in Panjiva Inc. v. U.S. Customs and Border Protection, currently pending before the U.S. Court of Appeals for the Second Circuit.  Panjiva involves questions regarding the transparency of ship manifest data for airborne shipments entering the United States, an issue of importance to Section 337 practitioners seeking to monitor and enforce exclusion orders.  A decision is expected in the first quarter of 2020. 

Finally, we completed some important internal changes.  First and foremost, we transitioned our website to a web new hosting service, which is much better suited to our needs and much less expensive than the old web host.  This project was particularly time consuming and will benefit the administration of the ITCTLA’s affairs for years to come.  We also established a new Finance Committee, which enables us to do better financial planning.  As a result of the Finance Committee’s work, the ITCTLA is in sound financial shape going into 2020.

The ITCTLA’s many accomplishments were made possible only through the strong leadership and participation by members of the Executive Committee, the standing committees, and the ad hoc committees. The individuals responsible for our many projects are too numerous to name in this message, but their many contributions were indispensable to the ITCTLA’s success. 

I look forward to seeing each of you at the Annual meeting on November 21 and introducing Goutam Patnaik as the incoming president of the ITCTLA.  Register now to reserve your seat!

Jeffrey M. Telep, ITCTLA President, 2018-2019