The Interplay Between the ITC and the PTAB

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 each other’s decisions or schedules, and what considerations are important for litigants to keep in mind to get the optimal resolution.