Education: Bar Admission: Court Admissions:
Merritt R. Blakeslee has practiced in the fields of international law, international trade regulation, and intellectual property law since 1991. His practice focuses on disputes lying at the intersection of international trade and intellectual property law.

He has represented clients before a wide variety of government agencies, including the U.S. International Trade Commission, the Office of the U.S. Trade Representative, the International Trade Administration (Department of Commerce), the Office of Foreign Assets Control, U.S. Customs and Border Protection, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement, the U.S. Patent and Trademark Office, and the U.S. Copyright Office. He has argued cases before the U.S. Court of Appeals for the Federal Circuit and the Court of International Trade.

His principal practice areas include Section 337 investigations at the International Trade Commission, anticounterfeiting and brand protection; Customs counseling, enforcement, and litigation; and antidumping and countervailing duty investigations.

Mr. Blakeslee is a 1991 magna cum laude graduate of the University of Georgia Law School, where he was a member of the Order of the Coif and the Georgia Law Review. He also holds an M.A. and a Ph.D. from Tulane University and the degree of licence-ès-lettres from the Université de Strasbourg in Strasbourg, France.

He is admitted to the practice of law in the District of Columbia and Georgia (inactive) and is a member of the bars of the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the District of Columbia Circuit, the U.S. Court of Appeals for the Eleventh Circuit, the U.S. Court of International Trade, and the U.S. Court of Appeals for Veterans Claims.

He is a member of the American Intellectual Property Law Association, the ITC Trial Lawyers Association, and the Federal Circuit Bar Association.

He has written and spoken extensively on the subject of intellectual property protection in the context of international trade. Recent publications and presentations in this area include A Survivor’s Guide to Section 337 Investigations and ITC General Exclusion Orders: Part I – The International Trade Commission and the ink and toner cartridge remanufacturing industry, RECYCLING TIMES No. 72, 34-39 (March 2016); What Does the Federal Circuit Have in Store for the Recycling Industry?, RECYCLING TIMES No. 63 (June 2015); How Small and Medium Entities Can Stop the Violation of their Intellectual Property and Other Rights on the Asian E-Commerce Websites (Alibaba.com, AliExpress.com, etc.), webinar sponsored by International Trade Administration, U.S. Department of Commerce, Washington, D.C., February 18, 2015; and Patent Infringement Actions at the International Trade Commission and in Federal District Court: A Complainant / Plaintiff’s Perspective, presented to the Intellectual Property Law Association of Florida, Ft. Lauderdale, FL, October 17, 2013.


REPRESENTATIVE MATTERS

Anti-counterfeiting and Brand Protection

Represents clients in the high performance automotive aftermarket in building an intellectual property portfolio and using it to combat counterfeiting and infringement.

Section 337 Investigations

Certain Toner Cartridges and Components Thereof (Canon), Inv. No. 337-TA-918 (2014), U.S. International Trade Commission (counsel to respondent).

Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same, Inv. No. 337-TA-855 (2012), U.S. International Trade Commission (counsel to two respondents).

Certain Toner Cartridges and Components Thereof (Canon), Inv. No. 337-TA-829 (2012), U.S. International Trade Commission (counsel to respondent).

Certain LED Photographic Lighting Devices, Inv. No. 337-TA-804 (2011), U.S. International Trade Commission (counsel to four respondents).

Certain Glassware, Inv. No. 337-TA-767 (2011), U.S. International Trade Commission (counsel to all respondents).

Certain Starter Motors and Alternators, Inv. No. 337-TA-755 (2011), U.S. International Trade Commission (counsel to respondent).

Certain Toner Cartridges, Inv. No. 337-TA-740 (2010), U.S. International Trade Commission (counsel to respondent).

Certain Electronic Paper Towel Dispensing Devices and Components Thereof, Inv. No. 337-TA-718 (2010), U.S. International Trade Commission (counsel to respondent).

Certain Foldable Stools, Inv. No. 337-TA-693 (2010), U.S. International Trade Commission (counsel to respondents).

Certain Dual Access Locks and Products Containing Same, Inv. No. 337-TA-689 (2010), U.S. International Trade Commission (consultant to respondents).

Certain Energy Drink Products, Inv. No. 337-TA-678 (2009), U.S. International Trade Commission (counsel to three respondents).

Certain Nitrile Gloves, Inv. No. 337-TA-608 (2007), U.S. International Trade Commission (counsel to respondent).

Certain Laminated Floor Panels, Inv. No. 337-TA-545 (2005), U.S. International Trade Commission (counsel to two respondents).

Certain Automotive Measuring Devices, Products Containing the Same, and Bezels for Such Devices, Inv. No. 337-TA-494 (2004), U.S. International Trade Commission (counsel to complainant)

Customs counseling, enforcement, and litigation

Assists clients in working effectively with U.S. Customs and Border Protection to prevent the importation of infringing and counterfeit products, and, particularly for clients in the ink and toner cartridge industry, in complying with exclusion orders issued by the U.S. International Trade Commission in order to prevent the seizure of their imported products by Customs.

Antidumping and Countervailing Duty Investigations

Antidumping, countervailing duty, and safeguard investigations involving numerous steel products from Japan and Germany, narrow woven ribbon from China and Taiwan, pigments and preparations from China and India, cased pencils from China, and SRAMs from Taiwan.

Represented Russian steel industry before the Department of Commerce in proceeding leading to the revocation of the Russian Federation’s designation as a non-market economy for the purpose of U.S. trade cases.

International Arbitration

Represented largest U.S. corporate claimant in its claim for compensation before the United Nations Compensation Commission in connection with losses arising from the First Gulf War.


LEGAL PUBLICATIONS & PRESENTATIONS

Articles and Notes

A Survivor’s Guide to Section 337 Investigations and ITC General Exclusion Orders: Part I – The International Trade Commission and the ink and toner cartridge remanufacturing industry, RECYCLING TIMES No. 72, 34-39 (March 2016).

CES seizure order against alleged patent infringers issued by the Las Vegas federal district court, (with R. Austin Blakeslee), IPWATCHDOG, January 13, 2016, available at http://www.ipwatchdog.com/2016/01/13/ces-seizure-order-patent-las-vegas/id=64873/, revised and updated as What happens in Vegas . . .: Seizure orders issued against alleged patent infringers at Las Vegas trade shows by the Nevada federal district court, LEXOLOGY.COM, February 3, 2016, available at https://www.lexology.com/library/detail.aspx?g=a29b08a4-4f75-4cdf-9ff6-ac4b12e42543.

What Does the Federal Circuit Have in Store for the Recycling Industry?, RECYCLING TIMES No. 63 (special insert) (June 2015).

It’s Not So Patently Obvious, RECYCLING TIMES, No. 65, 24-27 (August 2015) (re claims of toner cartridge remanufacturers to sell a “patent-free” product), available at http://www.chinaexhibition.com/Official_Site/21-406-Recycling_Times_Media_Corporation.html (at /Magazine/English Magazine)

The Doors of the U.S. International Trade Commission Are Open to non-U.S. Plaintiffs: Standing and the ITC’s Domestic Industry Requirement, Reexamination Alert, online article available at http://www.whda.com/blog/2011/01/the-doors-of-the-u-s-international-trade-commission-are-open-to-non-u-s-plaintiffs-standing-and-the-itc%e2%80%99s-domestic-industry-requirement/ (January 19, 2011).

Do you have what it takes to bring suit at the ITC? - Standing and the ITC’s domestic industry requirement, IPWatchdog.com, online article available at http://ipwatchdog.com/2010/08/24/itc-standing-domestic-industry-requirement/id=12264/ (August 25, 2010) (with Scott M. Daniels).

Pursuing Patent Infringement Litigation at the U.S. International Trade Commission and in Federal District Court: A Primer for SEMA Members, online article at website of Specialty Equipment Manufacturers Association, http://www.sema.org/intellectual-property-rights-guide/past-articles-webinars (September 2010).

Post-litigation Enforcement of Remedial Orders Issued by the U.S. International Trade Commission in Section 337 Investigations, 8 J. MARSHALL REV. INTELL. PROP. L. 248 (Winter 2009), also available online at http://www.jmripl.com/archives/archive.php?archive=27.

Sourcing Your Products from China without Losing Your Shirt, Your Intellectual Property, or Your Customers, THE SEMA NEWS (Dec. 2007 & Feb. 2008).

Seeking Adjudication of a Design-Around in Section 337 Patent Infringement Investigations: Procedural Context and Strategic Considerations, 35 AIPLA QUARTERLY JOURNAL 385 (Fall 2007) (with Christopher V. Meservy).

Shahin Shane Ebrahimi v. Government of the Islamic Republic of Iran, AWD 560-44/46/47-3, Iran-United States Claims Tribunal, October 12, 1994, 89 AMERICAN JOURNAL OF INTERNATIONAL LAW 385 (1995) (case note).

Implied Warranties of Quality and Fitness in the Sale of Residential Property, in McDonnell & Coleman, COMMERCIAL AND CONSUMER WARRANTIES: DRAFTING, PERFORMING, AND LITIGATING (Matthew Bender 1991) (chapter in treatise).

The Distant Island Problem: The Arbitration on the Delimitation of the Maritime Zones around the French Collectivité Territoriale of Saint-Pierre-and-Miquelon,” 21 GEORGIA JOURNAL OF INT'L AND COMPARATIVE LAW, 359 (1991).

The Eleventh Amendment and States' Sovereign Immunity from Suit by a Private Citizen: Hans v. Louisiana and its Progeny after Pennsylvania v. Union Gas Company, 24 GEORGIA LAW REVIEW 113 (1989).

Other Publications

NATIONAL TREATY LAW AND PRACTICE: ESSAYS ON THE LAW AND PRACTICE OF SELECTED COUNTRIES, DEDICATED TO THE MEMORY OF MONROE LEIGH (Martinus Nijhoff Publishers on behalf of the American Society of International Law, 2005) (co-editor with Duncan B. Hollis and L. Benjamin Ederington).

NATIONAL TREATY LAW AND PRACTICE, VOL. III: CANADA, EGYPT, ISRAEL, MEXICO, RUSSIA, SOUTH AFRICA, Studies in Transnational Legal Policies No. 33 (American Society of International Law, 2003) (co-editor with Monroe Leigh and L. Benjamin Ederington).

THE LANGUAGE OF TRADE: A GLOSSARY OF TERMS FREQUENTLY USED IN THE INTERNATIONAL TRADING SYSTEM (U.S. Department of State, Office of International Information Programs, 3d ed. 2000) (co-editor with Carlos A. Garcia), available on the U.S. Department of State website at http://usinfo.org/enus/economy/trade/langtrade.html. The third edition of THE LANGUAGE OF TRADE has been translated into Chinese and Arabic.

NATIONAL TREATY LAW AND PRACTICE, VOL. II: AUSTRIA, CHILE, COLOMBIA, JAPAN, NETHERLANDS, UNITED STATES, Studies in Transnational Legal Policies No. 30 (American Society of International Law, 1999) (co-editor with Monroe Leigh and L. Benjamin Ederington).

NATIONAL TREATY LAW AND PRACTICE, VOL. I: FRANCE, GERMANY, INDIA, SWITZERLAND, THAILAND, UNITED KINGDOM, Studies in Transnational Legal Policies No. 27 (American Society of International Law, 1995) (co-editor with Monroe Leigh).

THE LANGUAGE OF TRADE: A GLOSSARY OF TERMS FREQUENTLY USED IN THE INTERNATIONAL TRADING SYSTEM (U.S. Information Agency, 2d ed. 1994) (co-editor with Amb. Michael B. Smith).

Articles Directed by Mr. Blakeslee

Mark Henderson (George Mason University Law School), Is It Ever Appropriate to Rely on Patent Prosecution for the Purpose of Domestic Industry?, 34 ITC TRIAL LAWYERS ASS’N 337 REP., summer 2011 (summer associate number).

Ridwan Khan (University of Georgia Law School), When Can a Complainant’s Litigation Costs Count as Indicia of the Existence of a Domestic Industry?: Coaxial Cable Connectors, Inv. 337-TA-650, 27 ITC TRIAL LAWYERS ASS’N 337 REP., summer 2010 (summer associate number).

Cade Buck (Brigham Young University Law School), Unilateral Motions for Termination Based on a Consent Order in Section 337 Investigations at the U.S. International Trade Commission: A Survey and Analysis, 26 ITC TRIAL LAWYERS ASS’N 337 REP. 207-219, summer 2009 (summer associate number) (awarded Outstanding Article Award 2009 [one of three] by ITC Trial Lawyers Association).

Hong Lu (Brigham Young University Law School), Settling Section 337 Investigations: Procedures and Practice, 21 ITC TRIAL LAWYERS ASS’N 337 REP. 87, summer 2005 (summer associate number).


SELECTED PRESENTATIONS

Will Legal Issues Destroy Remanufacturing [in the Toner Cartridge Aftermarket], panel discussion, RT Imaging Summit, Las Vegas, Nevada, May 13, 2015 (panelist).

How Small and Medium Entities Can Stop the Violation of their Intellectual Property and Other Rights on the Asian E-Commerce Websites (Alibaba.com, AliExpress.com, etc.), webinar sponsored by International Trade Administration, U.S. Department of Commerce, Washington, D.C., February 18, 2015; posted at http://www.stopfakes.gov/china-ipr-webinar/how-sme%E2%80%99s-can-stop-violation-their-ipr-asian-e-commerce-websites; http://www.export.gov/webinars/eg_main_085673.asp; and http://blog.retailing.org/takedown-how-drtv-can-combat-counterfeiting-on-asian-e-retail-sites.

Patent Infringement Actions at the International Trade Commission and in Federal District Court: A Complainant / Plaintiff’s Perspective, presented to the Intellectual Property Law Association of Florida, Ft. Lauderdale, FL, October 17, 2013.

The Latest Tools, Tips and Tricks to Counter Counterfeits and Knock-Offs, seminar presented at the 2012 annual trade show of the Specialty Equipment Manufacturers Association, Las Vegas, NV, Oct. 31, 2012 (panelist).

Building and Enforcing an Intellectual Property Portfolio, seminar presented at the 2011 annual trade show of the Specialty Equipment Manufacturers Association, Las Vegas, NV, Nov. 2, 2011 (panelist).

Protecting your Intellectual Property Rights in the International Arena, presented at seminar entitled GLOBAL IP ACADEMY ON GENERAL INTELLECTUAL PROPERTY ENFORCEMENT, U.S. Patent and Trademark Office, Washington, D.C., February 3, 2011.

How to Manage the Costs of Protecting Your Intellectual Property, seminar presented at the 2010 annual trade show of the Specialty Equipment Manufacturers Association, Las Vegas, NV, Nov. 4, 2010 (panelist).

Fine Tuning Your IPR Strategy: Know Before You Go, webinar on enforcing intellectual property rights in China, broadcast to members of the Specialty Equipment Manufacturers Association preparing to leave for market exploration trip to China (broadcast July 8, 2010).

Participation on three-person panel of seminar entitled PATENTS, TRADEMARKS, AND COPYRIGHTS: ASK THE EXPERTS, presented at the 2009 annual trade show of the Specialty Equipment Manufacturers Association, Las Vegas, NV (Nov. 2, 2009); also presented as a webinar broadcast to the membership of the Specialty Equipment Manufacturers Association (broadcast Oct. 22, 2009).

Coping with Threats from China's Manufacturing Sector to the Intellectual Property Rights of U.S. Companies: A Case History, presented at seminar for U.S. Government personnel working on international intellectual property issues entitled INTELLECTUAL PROPERTY ISSUES IN CHINA — EXPLORING A ROADMAP FOR THE NEW ADMINISTRATION, Global Intellectual Property Academy, U.S. Patent And Trademark Office, Washington, D.C. (Aug. 19, 2009).

Options for Enforcing ITC Remedial Orders: An Overview, presented in a session entitled SO YOU WON! NOW WHAT?: POST-LITIGATION ENFORCEMENT OF INTERNATIONAL TRADE COMMISSION REMEDIAL ORDERS at the Annual Meeting of American Intellectual Property Law Association, Washington, D.C. (Oct. 24, 2008).

Protect It or Lose It! Techniques for Enforcing your Intellectual Property Rights against Infringers, presented as part of a seminar entitled FROM REGISTRATION TO LITIGATION: HOW TO SAFEGUARD YOUR COMPANY AGAINST ILLEGAL KNOCKOFFS AND COUNTERFEITS at the 2008 annual trade show of the Specialty Equipment Manufacturers Association, Las Vegas, NV (Nov. 3, 2008).

Protecting your Company’s Intellectual Property from Infringement, presented as part of a webinar entitled DEVELOPING STRATEGIES TO PROTECT YOUR INTELLECTUAL PROPERTY broadcast to the membership of the Specialty Equipment Manufacturers Association (Apr. 7, 2008).

Sourcing Your Products from China without Losing Your Shirt, Your Intellectual Property, or Your Customers, webinar broadcast to the membership of the Specialty Equipment Manufacturers Association (May 17, 2007).

Why Your Company’s Intellectual Property Is a Valuable Asset and What to Do to Protect It from Infringement, seminar presented at the 2005 annual trade show of the Specialty Equipment Manufacturers Association, Las Vegas, NV (Nov. 2, 2005); also presented as a webinar broadcast to the membership of the Specialty Equipment Manufacturers Association (Sept. 14, 2005).

Protecting American Trademarks Against Infringing Imports: Customs Seizures, Exclusion Orders, Monetary Damages, seminar presented at the 2004 annual trade show of the Specialty Equipment Manufacturers Association, Las Vegas, NV (Nov. 3, 2004).


PROFESSIONAL MEMBERSHIPS

American Intellectual Property Law Association

Customs Lawyers Association

Federal Circuit Bar Association

ITC Trial Lawyers Association

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