Alexander Ott Discusses ITC Litigation Funding Disclosure Proposal with Law360

Winston & Strawn partner Alexander Ott was quoted in a Law360 article discussing the U.S. International Trade Commission (ITC)’s proposed rule requiring disclosure of litigation funding in Section 337 intellectual property investigations. The proposed rule would require parties appearing before the ITC to disclose litigation funding arrangements and entities with financial interests or authority over litigation and settlement decisions. According to the article, the ITC stated that the information could help identify conflicts of interest and provide greater clarity in Section 337 investigations.

Alex noted that litigation funding can also be relevant given that the ITC intellectual property cases are designed to protect U.S. companies from infringing imports.

“The commission’s goal is to defend U.S. domestic industry, so it's important to know all the parties with a financial stake in the investigation,” he said. He added that it’s up to the ITC commissioners to decide what to do with that information, but it can help them understand “how their decision helps or hurts the domestic industry ultimately in the end.”

Read the full article.