Talkin’ Trade

On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Lara Ameri break down the ITC’s recent decision in Investigation No. 337-TA-1352, a case involving trade secret misappropriation in the pharmaceutical sector. The discussion covers the procedural twists of the 100-day program, the Commission’s findings on domestic industry and threatened injury, and the remedies imposed—including a seven-year limited exclusion order and cease-and-desist orders. The team also highlights key takeaways for companies navigating trade secret disputes at the ITC, including the standards for proving injury and the impact of competing products in the market.

On this special collaborative episode of Ropes & Gray's Non-binding Guidance and Talkin’ Trade podcast series, life sciences regulatory and compliance partner Josh Oyster is joined by intellectual property litigation partner Matt Rizzolo to discuss the complex world of false advertising and unfair competition disputes involving drugs, medical devices, and other FDA-regulated products. Together, they explore recent developments in Lanham Act competitor lawsuits, ITC investigations, and the shifting regulatory landscape. Discover the nuances of private litigation, the powerful remedies available through Section 337 investigations, and the potential impact of recent changes at FDA. 

On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Patrick Lavery discuss a groundbreaking Federal Circuit decision in Lashify v. ITC. This pivotal ruling challenges the ITC's longstanding approach to the economic prong of the domestic industry requirement, particularly the treatment of U.S.-based sales, marketing, and distribution activities. Tune in as they explore the implications of this decision for future Section 337 investigations, the potential expansion of complainants eligible to file at the ITC, and the broader impact on patent litigation. 

On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Cole Dunn delve into the landmark Supreme Court decision in Loper Bright and its potential impact on Section 337 proceedings. They provide a comprehensive overview of Chevron deference, its historical application, and explore how its recent dismissal may reshape ITC practices. From defining "articles that infringe" to the nuances of "domestic industry," they break down the potential changes and challenges ahead. 

Many litigations require discovery not just from the parties to the dispute, but from other entities—and Section 337 investigations at the U.S. International Trade Commission are no different. But there are many unique aspects of third-party subpoena practice at the ITC. On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, Rachael Bacha, and Brendan McLaughlin discuss the ins and outs of obtaining, enforcing, and responding to third-party subpoenas under the tight timelines of Section 337 proceedings.