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 sh...
May 08, 2025•18 min•Ep. 18
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...
Mar 11, 2025•13 min•Ep. 17
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 ...
Oct 08, 2024•14 min•Ep. 16
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 t...
Jan 24, 2024•20 min•Ep. 15
Section 337 investigations at the U.S. International Trade Commission are known for their speed. But in recent years, the ITC has introduced multiple avenues designed to resolve some of these cases even more quickly—including just a few months after institution. On this episode of Ropes & Gray’s ITC-focused podcast series, Talkin’ Trade , IP litigators Matt Rizzolo, Matt Shapiro, and Brendan McLaughlin are joined by summer associate Ava Kamb to examine the development and history of the ITC’...
Aug 17, 2023•18 min•Ep. 14
While the overwhelming majority of Section 337 investigations at the U.S. International Trade Commission involve patent infringement claims, the ITC is empowered to prohibit an extremely broad set of unfair trade practices and unfair methods of competition. In fact, courts have noted that Section 337 is “broad enough to prevent every type and form of unfair practice” associated with the importation of goods into the United States. On this episode of Talkin’ Trade , Ropes & Gray IP litigators...
Jul 17, 2023•20 min•Ep. 13
Over the past few decades, the ITC has become increasingly focused on intellectual property—and specifically patent—disputes between domestic companies. According to some legislators and commentators, this shift has led the application of Section 337 astray from its original intent: adjudicating unfair trade practices in the importation of goods from foreign countries. Thus, over the past decade, there have been a number of proposed tweaks to Section 337, or the ITC more generally, to address is...
Feb 07, 2023•25 min•Ep. 12
In many cases, ITC investigations are not stand-alone proceedings—Section 337 complaints are often accompanied by complaints filed in federal district court. These parallel complaints often are based upon the very same unfair acts underlying the alleged Section 337 violation, such as patent infringement, trademark infringement, or trade secret misappropriation. In this episode of Talkin’ Trade, Ropes & Gray IP litigators Matt Rizzolo, Matt Shapiro, Brendan McLaughlin, and Meredith Foor explo...
Nov 29, 2022•21 min•Ep. 11
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. Much of the focus of Section 337 litigation at the ITC is on the “violation” phase, where the Commission determines in the first instance whether to issue an exclusion order or cease and desist order. But ITC litigants should not lose sight of follow-on proceedings where these remedial orders can be modified or rescinded, or the ITC can impose...
Sep 06, 2022•20 min•Ep. 10
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. All too often, little attention is paid to what happens after the ITC issues an exclusion order in a Section 337 investigation. In this episode—the third in a three-part series on remedies at the ITC—Ropes & Gray intellectual property litigators Matt Rizzolo, Matt Shapiro, Brendan McLaughlin, and Rebecca Gentilli address the myriad of issu...
Apr 07, 2022•25 min•Ep. 9
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. In this episode—the second in a three-part series on remedies at the ITC—Ropes & Gray intellectual property litigators Matt Rizzolo, Matt Shapiro, and Nicole Pobre explore the unique and rarely issued General Exclusion Order remedy that is available in ITC Section 337 investigations, and discuss the unique aspects that set this remedy apar...
Feb 23, 2022•26 min•Ep. 8
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. In this episode, which is part one of a three-part discussion on ITC remedies, Ropes & Gray intellectual property litigators Matt Rizzolo, Matt Shapiro, and Rebecca Gentilli discuss the various types of remedies that the ITC can impose when it finds a violation of Section 337 of the Tariff Act, and the unique aspects of these differing rem...
Jan 05, 2022•25 min•Ep. 7
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. One way in which ITC Section 337 investigations differ from district court litigation is that the day-to-day activities of ITC actions are overseen not by an Article III judge, but by one of six administrative law judges. In this episode, Ropes & Gray IP attorneys Matt Rizzolo, Matt Shapiro, Brendan McLaughlin, and Mike Morales delve into ...
Nov 30, 2021•24 min•Ep. 6
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. Historically, challenges to patent subject matter eligibility under Section 101 of the Patent Act have been rare at the ITC, as the Commission’s Section 337 proceedings necessarily involve tangible, physical goods. But recent changes in the case law from the Federal Circuit and the Supreme Court have led to a noticeable uptick in the numbers o...
Oct 25, 2021•29 min•Ep. 5
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. On this episode, IP attorneys Matt Rizzolo, Matt Shapiro, and Brendan McLaughlin are joined by special guest Scott McKeown, a leading PTAB litigator, to discuss the issues arising when a patent asserted in an ITC investigation also has its validity challenged at the PTAB—including whether and to what extent the respective agencies defer to eac...
Sep 01, 2021•34 min•Ep. 4
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. In this episode, IP litigation partner Matt Rizzolo and associates Matt Shapiro, Kathryn Thornton, and Brendan McLaughlin explore the statute’s importation requirement, including the Federal Circuit and Commission’s interpretation of a phrase in Section 337—“articles…that infringe”—that has been the subject of confusion and debate in recent ye...
Jul 22, 2021•25 min•Ep. 3
Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. In this episode, IP litigation partner Matt Rizzolo and associates Matt Shapiro and Brendan McLaughlin break down and explain the ITC’s domestic industry requirement.
Jun 15, 2021•17 min•Ep. 2
Ropes & Gray’s new podcast series Talkin’ Trade explores the world of unfair import investigations at the U.S. International Trade Commission. In this episode, IP litigation partner Matt Rizzolo and associates Matt Shapiro and Brendan McLaughlin introduce listeners to Section 337 Investigations at the ITC and explain how the ITC is a powerful tool in intellectual property disputes.
May 18, 2021•18 min•Ep. 1
