What You Need to Know about the United States International Trade Commission, Unfair Competition, and Protection of Intellectual Property

Rodney Sparks, Senior Biotechnology Patent Counsel, University of Virginia Patent Foundation

The United States International Trade Commission (ITC) is a federal administrative agency with investigative and legal powers over trade. It protects the domestic industry of the United States of America against unfair foreign competition, including intellectual property matters, and its popularity as a venue for patent infringement litigation has increased. This paper will describe the mission of the ITC, how it works, and how it differs from the federal courts. The paper will also discuss why some think the ITC is too protectionist as well as some of the proposed and recent changes at the ITC.

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USA Intellectual Property University September 2013 Vol. 6, No. 24, Summer 2013

Rodney Sparks

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Rodney L. Sparks, J.D., Ph.D. joined the University of Virginia Patent Foundation (d/b/a University of Virginia Licensing & Ventures Group) in 2004 from the well-known intellectual property group at law firm of Drinker Biddle & Reath LLP, in Philadelphia. His practice concentrated on biotechnology, pharmaceutical and chemical patent issues, including medicine and gene therapy. He has represented a variety of clients in the United States and abroad, including universities, biotechnology companies, and pharmaceutical companies. Prior to working at Drinker, he was also in private practice at Morgan, Lewis and Bockius LLP, and at Akin, Gump, Strauss, Hauer and Feld, both in Philadelphia. After completing his Ph.D. at the University of Texas Health Science at San Antonio, Dr. Sparks completed postdoctoral training in the cellular and molecular biology of cancer at the Johns Hopkins University and at the Mayo Clinic. He was on the faculty of the Oregon Health Sciences University School of Medicine and was a tenured faculty member at Tulane Medical School. While on the faculty at Tulane, he graduated from the evening program of the Loyola University School of Law. Dr. Sparks’ current focus includes overseeing outside patent counsel, drafting and prosecuting patents in the pharmaceutical and biological sciences, preparing opinions and providing counseling on patent matters. He also is responsible for providing counsel on government reporting matters for the Patent Foundation and teaches law students in the Law Student Patent and Licensing Clinic of the University of Virginia School of Law, where he is also a Lecturer. Dr. Sparks is a member of the American Intellectual Property Law Association and belongs to the Biotechnology, Inter Partes Patent Proceedings Committee, Licensing and Management of IP Assets, and Patent-Relations with the PTO committees of that organization. He also is a member of the Association of University Technology Managers. Dr. Sparks has lectured at national and international meetings on various patent and licensing topics, has served in various consulting capacities for several agencies of the U.S. government, and is an adjunct faculty member of the University of Virginia School of Law, teaching a clinic in patent law and licensing. He has served as a judge for the Modern Marvel patent contest sponsored by the U.S. Patent and Trademark Office and InventNow.org.

University of Virginia Patent Foundation

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The University of Virginia Patent Foundation, doing business as the University of Virginia Licensing & Ventures Group, is responsible for technology transfer at the University of Virginia and licenses and patents intellectual property developed at the university. It advances promising research discoveries to the marketplace through licenses with industry, new venture formation, and other available pathways.

USA Intellectual Property University September 2013 Vol. 6, No. 24, Summer 2013