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ACI’s 2nd Expert Forum on ITC Litigation & Enforcement

Event | 02.24.10 - 02.26.10, 12:00 AM UTC - 12:00 AM UTC

This forum will feature a special address by Paul R. Michel, Chief Circuit Judge of the U.S. Court of Appeals for the Federal Circuit, on appeals from the ITC in Section 337 investigations. Randall R. Rader, Circuit Judge of the U.S. Court of Appeals for the Federal Circuit, will discuss the standards of proof and review for the unique process of Section 337 determinations and comment on IP rights and enforcement in China, India, Brazil, Russia and other developing economies. The Hon. Paul J. Luckern, the Hon. Theodore R. Essex and the Hon. Robert K. Rogers of the United States International Trade Commission shall be in attendance, together with leading government officials, in-house counsel and preeminent outside counsel who will offer practical advice for seizing the opportunities and meeting the challenges offered by fast-paced ITC litigation.

On Friday the 26th, Crowell & Moring partner Kathryn Clune will co-deliver a Master Class on on Section 337 Complaints and Responses. Successfully teeing up the issues for a Section 337 action is a complex process that involves strategic decisions for counsel and clients, particularly in the preparation of complaints and responses to complaints. This Master Class will provide valuable guidance for preparing these essential documents that form the basis of a ITC action. It will provide:

  • A paragraph-by-paragraph review of an effective Section 337 complaint
  • Step-by-step preparation of a complete response to the complaint
  • Essential and strategic considerations in preparing a Section 337 complaint

Location: Omni Berkshire Place Hotel, New York, NY

For more information, please visit these areas: Intellectual Property, Intellectual Property Litigation

Participants

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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