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Aarti Shah

Member

[email protected]

+1.202.434.7408

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Aarti focuses her practice on patent litigation and has extensive experience as trial counsel. Leveraging her insider’s view gained during her time spent as a senior investigative attorney in the US International Trade Commission (ITC), Aarti helps her clients develop and implement effective ITC strategies. She is frequently invited to write and comment on ITC litigation matters.

Aarti focuses her practice on patent litigation and has extensive experience as trial counsel, having served in the ITC as a senior investigative attorney prior to joining Mintz. During her tenure at the ITC’s Office of Unfair Import Investigations, she served as lead counsel for the federal government in seven trials and in over 25 ITC investigations, covering trade secrets, trademarks, and electrical, computer, mechanical, and chemical patents. She particularly enjoys simplifying technology for judges and juries, devising creative and pragmatic strategies, and working closely with in-house counsel.

Prior to her work with the ITC, Aarti practiced as a patent litigator with an international law firm, where she handled district court litigations relating to computer, electrical, mechanical, and pharmaceutical technologies. She also handled appellate litigation before the Court of Appeals for the Federal Circuit and provided counsel on patent portfolios and infringement opinions. Aarti is also very active in pro bono matters, particularly those relating to women and children, and is listed in the D.C. Pro Bono Honor Roll.

Education

  • Georgetown University (JD, with honors)
  • Harvard College (BA, Government, with honors)

Experience

  • Certain Memory Modules and Components Thereof (337-TA-1089) – Represented Netlist, Inc. as complainant before the ITC against Korean-based memory company SK Hynix. The matter involved patents related to server memory module products, including technology that is essential to certain JEDEC memory standards. Following oral hearing in October 2019, the Administrative Law Judge issued an Initial Determination finding infringement of one of Netlist’s patents and recommended a limited exclusion order be issued.
  • Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same (337-TA-1044) - Represented Advanced Micro Devices (AMD) as complainant in the ITC asserting patents covering graphics processing technology employed by smart devices such as televisions and handsets. Respondents include LG Electronics, VIZIO, MediaTek, and Sigma Designs, Inc. (SDI). Achieved settlement with LG prior to the conclusion of expert discovery. Following the evidentiary hearing, the presiding ALJ issued an initial determination finding a violation of Section 337 and recommending the imposition of an exclusion order against the remaining Respondents’ accused products. The ITC affirmed the ALJ’s finding of a violation on August 22, 2018. As a result, the Commission issued orders banning the importation of products made by VIZIO, MediaTek, and SDI and cease and desist orders against VIZIO and SDI.
  • Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same (337-TA-984) - Represented owner of portfolio of graphics processing and microprocessor patents, Advanced Silicon Technologies, LLC, as Complainant in an ITC investigation adverse to a number of automotive manufacturers, and infotainment system and chip suppliers. Respondents include Honda, Toyota, BMW, Audi, Volkswagen, NVIDIA, Texas Instruments, Renesas, Harman International, and Fujitsu-Ten. The investigation instituted in January of 2016 and resolved favorably prior to the conclusion of expert discovery in August of 2016.
  • Certain Communications or Computing Devices and Components Thereof (337-TA-925) - Represented owner of portfolio of communications and computing patents from former enterprise communications business unit of large multinational innovation company, Enterprise System Technologies, S.A.R.L. An ITC investigation was instituted in August 2014 as to respondent entities Apple, Samsung Electronics, LG Electronics and HTC Corporation. Google participated as an intervenor. The investigation resolved prior to evidentiary hearing in June of 2015.
  • Certain Consumer Electronics with Display and Processing Capabilities (337-TA-884) - Represented owners of the patent portfolio of the original Silicon Graphics, now known as Graphics Properties Holdings, as complainant in the ITC. Investigation was instituted in June 2013 and among the respondent entities were Panasonic, Toshiba, Vizio, and ZTE. Most respondents settled. After an evidentiary hearing held over several days in May 2014, on August 29, 2014 Mintz successfully obtained a recommendation for a Limited Exclusion Order against the remaining respondent, which chose to settle while Commission review of the Administrative Law Judge’s Initial Determination was pending.

Recognition & Awards

  • Executive Committee, ITC Trial Lawyers' Association
  • Member, Giles S. Rich American Inn of Court

Recent Insights

News & Press

Viewpoints

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Mintz is recognized as among the top ten firms in ITC Section 337 litigation by Patexia in its inaugural "ITC Intelligence Report". We are pleased to be among the firms included in this publication and thrilled that it has come on the heels of a great year at the ITC for the Mintz team.
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On December 10, 2019, an agreement was reached between the United States, Mexico, and Canada on amendments to the U.S.-Mexico-Canada Agreement (“USMCA”).  The USMCA, if ratified by each respective country, would replace the North American Free Trade Agreement (“NAFTA”), which has been in effect since January 1, 1994. 
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On November 6, 2019, the bonds between the U.S. government and pharmaceutical companies were stretched when the U.S. Department of Health and Human Services (“HHS”) filed a patent infringement lawsuit against Gilead Sciences in Delaware federal court regarding Gilead’s popular HIV drugs, Truvada® and Descovy®.
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In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld, with modified reasoning, Chief Administrative Law Judge Bullock’s initial determination (“ID”), finding no domestic industry in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Comm’n Op. (Oct. 28, 2019). 
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ITC suggests 5% Threshold for Domestic Industry Assessment; order may impact tech companies

September 23, 2019 | Blog | By Michael Renaud, Aarti Shah, Andrew DeVoogd, Matthew Karambelas, Nana Liu

Recently, Chief Administrative Law Judge (“CALJ”) Bullock of the U.S. International Trade Commission (“ITC”), in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Order No. 77, suggested that “significant” or “substantial” domestic industry investments must amount to greater than 5% of domestic industry product sales in the United States. 
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In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) provided useful guidance for patentees by reaffirming that there is no categorical rule that patent prosecution expenses cannot be included in the domestic industry analysis at the ITC, and also finding that complainants may rely upon expenses relating to FDA compliance to satisfy the domestic industry requirement.  
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ITC Domestic Industry Products Do Not Need to Be Commercially Available

September 3, 2019 | Blog | By Aarti Shah, Kara E. Grogan

In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) held that domestic industry products do not need to be commercially available to satisfy section 337’s domestic industry requirement. 
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On July 1, 2019, Administrative Law Judge (“ALJ”) Elliot of the U.S. International Trade Commission (“ITC”) issued a ruling indicating that it may be possible for complainants to rely on respondents’ products to satisfy the ITC’s domestic industry requirement in certain circumstances.
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The August 13, 2019 decision from the United States District Court for the District of New Jersey in WAG Acquisition, LLC v. Multi Media LLC, Civil Action No. 2-14-cv-02340, deals a blow to a common attack on litigation funding. The decision protects the ability of plaintiffs who lack resources to enforce their patent rights by affirming that seeking funding does not necessarily harm standing.
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One Size Does Not Fit All When It Comes to Economic Theories Used to Determine Royalty Rates

July 1, 2019 | Blog | By Michael Renaud, James Wodarski, Aarti Shah, Matthew Galica

Calculating royalty rates as part of a patent dispute often becomes a hotly-disputed issue, where opposing economic theories from expert witnesses are pinned against one another.  As a litigant, care must be taken when deciding which economic theory to advance—and what facts to rely on—in support of a particular royalty rate.  Given the varying and unique nature of disputes, a singular economic approach to determining a royalty rate is impractical and, oftentimes, inappropriate. 
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News & Press

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Mintz Member Aarti Shah authored an article published in the April issue of The Licensing Journal that identified how brand owners with significant U.S. operations can utilize the U.S. International Trade Commission as an expedient and cost-effective forum to stop counterfeits made overseas.
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Mintz Member Aarti Shah authored an article published in the Fifteenth Edition, Volume 5, Number 1 of The Brand Protection Professional (BPP) on how companies can utilize the U.S. International Trade Commission (ITC) as a legal venue to battle counterfeits and knockoffs.
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The October 29 edition of the Skilled in the Art newsletter published by Law.com reported that Mintz achieved a favorable Notice of Initial Determination at the U.S. International Trade Commission on behalf of the firm’s client Netlist, Inc., a California-based technology company focused on developing innovative server memory module products, including technology that is essential to certain JEDEC memory standards. Significantly, this is the first time since 2013 that a Section 337 violation has been found based on a standard-essential patent.
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Law360 reported that a U.S. International Trade Commission judge ruled that Korean manufacturer SK Hynix infringed on California-based technology company, and Mintz client, Netlist, Inc.’s standard essential patent related to server memory modules.

The article noted that the Mintz team representing Netlist includes Member and Chair of the Intellectual Property Division Michael Renaud, along with Members James Wodarski, Drew DeVoogd, Steve Akerley, Aarti Shah, and Associates Kristina Cary, Matthew Galica, and Tiffany Knapp.
Case filings at the U.S. International Trade Commission (ITC), a popular venue for resolving intellectual property disputes, reached record levels in 2018, and 2019 appears likely to be another busy year. Mintz Member Aarti Shah authored this article published by IPWatchdog that examines a number of important decisions at the ITC, including one in Qualcomm’s high-profile battle with Apple relating to the public interest, among others.
Member Aarti Shah authored this column discussing what brand owners need to know to successfully combat threats regarding knockoff beauty products. Prior to joining the firm, Aarti served as a senior investigative attorney with the U.S. International Trade Commission (ITC).
Aarti Shah, a Member in the Mintz DC office, authored an article in Women’s Wear Daily on knockoffs, how their presence negatively impacts brand companies during the holiday season, and how acquiring a general exclusion order from the U.S. International Trade Commission could be the solution.
Mintz Members and intellectual property attorneys Mike Renaud, Aarti Shah and Jim Wodarski collaborated on an article published by Financier Worldwide Magazine discussing standard-essential patents.
Aarti Shah, an Intellectual Property Member in the Mintz D.C. office, was quoted in a Law360 article on the decision by the U.S. International Trade Commission that maintained an import ban on products found to infringe patents, even after the PTAB had declared the patents invalid.
Aarti Shah, a Member of the Mintz Washington, D.C. office, authored an article published in Financier Worldwide about the upswing in patent litigation related to the automobile industry.
The U.S. International Trade Commission (ITC) has announced it's launching an investigation into whether thermoplastic parts used in certain BMW, Honda, and Toyota vehicle models have infringed five patents owned by Intellectual Ventures LLC.
IP Division Head Michael Renaud, Member Aarti Shah, and Associate Adam Rizk authored this Financier Worldwide article discussing the ITC's statement that it will treat standard-essential patents the same way it treats all other patents asserted in a Section 337 investigation.
Mintz Boston Members Michael Renaud and James Wodarski, Washington, D.C. Member Aarti Shah, and Boston Associate Adam Rizk authored this Law360 article on the newly-issued ITC statement discounting the idea that an SEP patent owner cannot bring infringement cases before the commission.
A team of intellectual property attorneys – Members James Wodarski and Aarti Shah – authored this Financier Worldwide article discussing the rapid increase seen in general exclusion orders from the U.S. International Trade Commission over the past few years.
Mintz Members James Wodarski and Aarti Shah authored this Law360 article highlighting the option that brand, trademark, and design patent owners have when fighting counterfeits and knockoffs of obtaining general exclusion orders from the U.S. International Trade Commission.
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This Law360 feature article notes Honda’s removal from the U.S. International Trade Commission’s investigation into several foreign automakers’ “importation of vehicles with infotainment systems that allegedly infringed several patents.”

Events

Speaker
Sep
17
2019

An Overview of Section 337 Investigations at the U.S. International Trade Commission

Kline School of Law, ITCTLA, and the Philadelphia Intellectual Property Law Association

Kline Institute of Trial Advocacy, 100-118 S 12th St, Philadelphia, PA

Panelist
Apr
13
2018

An Overview of Section 337 Investigations before the U.S. International Trade Commission

ITC Trial Lawyers Association, Boston Patent Law Association, and Suffolk University Law School

Suffolk University Law School Boston, MA

Speaker
Mar
6
2018
Panelist
Nov
12
2015

2015 ITC Trial Lawyers Association Annual Meeting

International Trade Commission Trial Lawyers Association

Ronald Reagan Building, International Trade Commission, Washington, D.C.

Speaker
Speaker
Feb
22
2015

7th Annual Advanced Forum on ITC Litigation and Enforcement

American Conference Institute

Mandarin Oriental, Washington, DC