At the request of the U.S. International Trade Commission ("ITC"), the ITC Trial Lawyers Association coordinated with the American Bar Association (Section Of Intellectual Property Law ITC Committee) and The George Washington University Law School to present a Program on "Electronic Discovery At The ITC: Current Challenges And Possible Improvements." The Program was held on July 18, 2011 at 9:00 a.m. - 1:15 p.m. at The George Washington University Law School.
The Program featured Keynote Speaker The Honorable Randall R. Rader, Chief Judge of the U.S. Court of Appeals for the Federal Circuit, who expressed concern about the escalating cost of patent litigation due to electronic discovery. Three panels focused on a "Comparison Between E-Discovery in the Federal District Courts and ITC," and on "Improving E-Discovery at the ITC and Proposed Solutions", including ways in which the ITC may adopt some electronic discovery practices and procedures of the Federal District Courts and Federal Rules of Civil Procedure.
Cadwalader attorney Tony Pezzano participated in the third panel, focusing particularly on a proposed early Meet-and-Confer by the parties on electronic discovery, including the production of source code and other highly confidential electronic information.
At the request of the Commission and with the approval of the ITCTLA, various participants in the program from the ITCTLA formed a working subcommittee to propose specific rules and procedures for the ITC to consider with respect to electronic discovery.