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Carl C. Charneski

Practice Summary

As a former Administrative Law Judge at the International Trade Commission (ITC), Carl Charneski’s practice focuses on international trade and litigation matters, with an emphasis on representing clients in Section 337 investigations before the ITC. He also advises clients on litigation strategies before the United States District Courts and the United States Court of Appeals for the Federal Circuit. In addition, Mr. Charneski adds depth and knowledge to the firm’s green technology practice group, having previously served as an Administrative Law Judge at the U.S. Environmental Protection Agency and Counsel to the Federal Mine Safety & Health Review Commission.

While at the ITC, Mr. Charneski managed litigation, presided over evidentiary hearings, and issued initial determinations in the agency's investigations involving unfair practices in import trade, as well as recommended determinations on remedies. These investigations most often involved allegations of patent, trademark, and copyright infringement, as well as trade secret misappropriation, affecting a wide range of high-tech industries, including flash memory, GPS, semi-conductors, digital TVs, digital cameras, smartphones, tablet technology, wind turbines and ground fault circuit interrupters.

Representative Matters
Section 337 Decisions and Investigations
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  • In the matter of Certain Personal Computer/Consumer Electronic Convergent Devices, Components Thereof: and Products Containing Same, Inv. No. 337-TA-558
  • In the matter of Certain Equipment For Telecommunications Or Data Communications Networks, Including Routers, Switches, And Hubs, And Components Thereof, Inv. No. 337-TA-574
  • In the matter of Certain Nickel Metal Hydride Consumer Batteries, Components Thereof: and Consumer Electronic Products Containing Same, Inv. No. 337-TA-579
  • In the matter of Certain Hydraulic Excavators and Components Thereof, Inv. No. 337-TA-582
  • In the matter of Connecting Devices (“Quick Clamps”) for Use with Modual Compressed Air Conditioning Units Including Filters, Regulators, and Lubricators (“FRL’s”) that are Part of Larger Pneumatic Systems and the FRL Units They Connect, Inv. No. 337-TA-587
  • In the matter of Certain Switches and Products Containing Same, Inv. No. 337-TA-589
  • In the matter of Certain Bassinet Products, Inv. No. 337-TA-597
  • In the matter of Certain Lighting Control Devices Including Dimmer Switches and/or Switches, Inv. No. 337-TA-599
  • In the matter of Certain GPS Devices and Products Containing Same, Inv. No. 337-TA-602
  • In the matter of Certain DVD Players and Recorders and Certain Products Containing Same, Inv. No. 337-TA-603
  • In the matter of Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same, Inv. No. 337-TA-605
  • In the matter of Certain Semiconductor Devices, DMA Systems and Products Containing Same, Inv. No. 337-TA-607
  • In the matter of Certain Endodontic Instruments, Inv. No. 337-TA-610
  • In the matter of Certain Ground Fault Circuit Interrupters and Products Containing the Same, Inv. No. 337-TA-615
  • In the matter of Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same, Inv. No. 337-TA-617
  • In the matter of Certain Low Antimony Phosphoric Acid, Inv. No. 337-TA-620
  • In the matter of Certain Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same, Inv. No. 337-TA-624
  • In the matter of Certain Silicon Microphone Packages and Products Containing the Same, Inv. No. 337-TA-629
  • In the matter of Certain Acetic Acid, Inv. No. 337-TA-633
  • In the matter of Certain Hair Irons and Packaging Thereof, Inv. No. 37-TA-637
  • In the matter of Certain Variable Speed Wind Turbines and Components Thereof, Inv. No. 337-TA-641
  • In the matter of Certain Vein Harvesting Surgical Systems and Components Thereof, Inv. No. 337-TA-645
  • In the matter of Certain Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, Inv. No. 337-TA-648
  • In the matter of Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing Or Relating To Same and Certain Products Containing Same, Inv. No. 337-TA-655
  • In the matter of Certain Voltage Regulators, Components Thereof, and Products Containing Same, Inv. No. 337-TA-564
  • In the matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, Inv. No. 337-TA-663
  • In the matter of Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof, Inv. No. 337-TA-672
  • In the matter of Certain Machine Vision Software, Machine Vision Systems and Products Containing Same, Inv. No. 337-TA-680
  • In the matter of Certain Flash Memory and Products Containing Same, Inv. No. 337-TA-685
  • In the matter of Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same, Inv. No. 337-TA-694
  • In the matter of Certain Personal Data and Mobile Communications Devices and Related Software, Inv. No. 337-TA-710
  • In the matter of Certain Large Scale Integrated Circuit Semiconductor Chips and Products Containing Same, Inv. No. 337-TA-716
  • In the matter of Certain Automotive Vehicles and Designs Therefore, Inv. No. 337-TA-722
  • In the matter of Certain Collaborative System Products and Components Thereof, Inv. No. 337-TA-728
  • In the matter of Certain Adjustable-Height Beds and Component Thereof, Inv. No. 337-TA-734
  • In the matter of Certain Toner Cartridges and Components Thereof, Inv. No. 337-TA-740
  • In the matter of Certain Data Storage Products and Components Thereof, Inv. No. 337-TA-748
  • In the matter of Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof, Inv. No. 337-TA-752
  • In the matter of Certain Birthing Simulators and Associated Systems, Inv. No. 337-TA-759
  • In the matter of Certain Display Devices, Including Digital Televisions and Monitors II, Inv. No. 337-TA-765
  • In the matter of Certain Electronic Devices, including Mobile Phones, Mobile Tablets, Portable Music Players, and Computers, and Components Thereof, Inv. No. 337-TA-771
Feature Profiles
Publications
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  • "The Role of the Office of the Administrative Law Judges Within the United States International Trade Commission," John Marshall Review of Intellectual Property, 2009
Presentations
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  • “How Is The U.S. International Trade Commission Faring In Today's Regulatory Climate?” NLJ Regulatory Summit, Washington, DC, November 13, 2013
  • "Best Practices When Presenting to the ITC," co-presenter with Jay Reiziss, The IP Strategy Summit: Enforcement, Washington, DC, May 30, 2013
  • "ITC Bench Q&A: Claim Construction and the Markman Hearing," Moderator, ACI's Managing Complex ITC Litigation conference, San Francisco, Calif., October 30, 2012
  • "Judicial Perspectives on NPE Litigation," ACI's Advanced Summit on NPE Litigation, How to Successfully Defend Against Complex IP Infringement Claims & Litigation Involving 'Patent Trolls,' New York, June 12, 2012
  • "Going to Trial at the ITC: 5 'Litigator’s Golden Rules' for Achieving Success at the ITC," ACI's Expert Forum on ITC Litigation & Enforcement, Washington, DC, February 28, 2012
  • "Impact of the AIA on Patent Litigation: Changes That May Affect Your Choice of Forum" Patent Strategies After the America Invents Act, Seattle, Wash., January 30, 2012
  • "Using U.S. Trade and Competition Laws to Protect the Value of Brand Names and Other Trademarks in a Global Economy,” Chicago International Trade Commissioners Association, Chicago, October 4, 2011
  • American Conference Institute's 3rd Expert Forum on ITC Litigation & Enforcement, New York, New York, 2011
  • Silicon Valley IP Law Association, Palo Alto, Calif., 2010
  • "The ITC Comes to Silicon Valley" Conference, San Jose, Calif., 2010
  • Korean Intellectual Property Association (KINPA) Conference, Seoul, Korea, 2009
  • ITC Trial Lawyers Association, 2008
  • AIPLA Spring Conference, Houston, Texas, 2008
Memberships & Affiliations
  • Giles S. Rich American Inn of Court
Legal Experience

United States International Trade Commission
Administrative Law Judge, April 2007 - July 2011

U.S. Environmental Protection Agency
Administrative Law Judge,  1995 - 2007

Social Security Administration
Administrative Law Judge, 1994 - 1995

U.S. Department of Labor
Trial and Appellate Attorney, 1988 - 1994

Federal Mine Safety & Health Review Commission
Counsel, 1983 - 1988
Attorney, 1977 - 1983