is a litigation associate in the New York office of Fish & Richardson, P.C. He was previously a summer associate with the firm. Mr. Fleming’s practice focuses on complex patent litigation matters in U.S. district courts, the International Trade Commission (ITC), and the U.S. Patent and Trademark Office (USPTO). Prior to his legal career, Mr. Fleming specialized in propulsion design at Boeing. He also served as the lead engineer for the Columbia University Formula SAE Racing Engine Systems team. In his spare time, Mr. Fleming coached a FIRST Robotics team, training high school students on Java and Python programming. During law school, Mr. Fleming served the board of the Brendan Moore Trial Advocates as the intraschool competition editor and received first place awards in the American Association for Justice Regional Trial Advocacy Competition, Fordham Law School’s Moot Court Briefing Competition, and Fordham’s Legal Writing Oral Argument Competition. Mr. Fleming attended Fordham Law School, graduating cum laude with a concentration in Intellectual Property & Information Law, working on Ford
Since the Supreme Court restricted access to permanent injunctions in eBay v. MercExchange, LLC, more and more patent owners have flocked to the International Trade Commission (ITC) to pursue a Section 337 investigation in hopes of obtaining a coveted and comparable exclusion order. These investigations address unfair practices in import trade—many of which involve allegations of patent infringement—and often lead to exclusion orders preventing infringers from importing their goods into the United States. The ITC’s statutory duty compels prompt completion of these investigations, with matters often proceeding to a full evidentiary hearing less than a year after the complaint is filed. However, with the rapid rise of disputes in the ITC, the agency is under relentless pressure to develop new approaches to facilitate efficient resolution of its investigations.