Best Practices with Scheduling ITC Depositions

By: Kathy Hatcher, Vice President of Corporate Accounts

The International Trade Commission (ITC) has emerged as a popular forum for businesses seeking to protect their intellectual property assets worldwide. Indeed, Section 337 investigations at the ITC typically involve high-stakes disputes for patent holders, parties accused of patent infringement claims and third-party business partners. The ITC is also a widely used forum for disputes related to trademarks, copyrights and trade secrets.

There are a few reasons why the ITC has become such a popular venue for these matters, but perhaps chief among them is the comparatively lightning-fast docket of the cases brought before the body. The parties in these proceedings are served with discovery requests almost immediately after the investigation begins, responses are due within days and discovery is typically wrapped up within just six months.

Nearly one-half of all ITC investigations go to trial — as compared to just 1 in 20 patent cases filed in federal district courts — and ITC Section 337 cases are completed and adjudicated on average within just 13-16 months. This rapid pace makes the ITC faster than virtually any other commercial dispute resolution forum in the world.

This high-stakes, high-pressure environment places significant pressure on the law firms and corporate legal departments who litigate disputes at the ITC. It is critical to partner with litigation service providers who are experienced in these kinds of cases and are able to be responsive to the intense deadlines that are common. One key component of this litigation strategy is to work with a deposition services firm that you can count on to provide the round-the-clock support often necessary in these cases.

Henderson Legal Services has served U.S. law firms and corporate legal departments with global court reporting services in ITC disputes of various sizes and in a wide range of jurisdictions. Here are some best practices we have learned:

  • Work with an agency with domestic and international resources that can provide qualified interpreters and translators who can communicate in the same language as the court reporters and videographers;
  • Delegate responsibility for all logistics at the deposition — including meeting rooms, breakout rooms and other space requirements — to your deposition services firm so your litigation team has one fewer item on its plate;
  • Make sure that your agency has experience with the nuances of ITC litigation, including a dedicated case manager who has handled ITC depositions and has experience with ITC NDA agreements; and
  • Partner with a firm that leverages technology — such as remote deposition streaming — to save on travel costs and reduce the risk of weather emergencies disrupting the proceedings.

Henderson Legal Services has extensive experience with scheduling and executing depositions around the world for law firms and corporate legal departments engaged in ITC-related litigation. For more information or to schedule a deposition, please click here or call 877.548.8787.