Administrative Law Judge

The U.S. International Trade Commission is an independent Federal agency that provides the President and Congress with high-quality analysis and technical support on international trade, tariff and competitiveness issues; investigates and makes determinations in proceedings involving imports claimed to injure a domestic industry or violate U.S. intellectual property rights; and maintains the U.S. Harmonized Tariff Schedule. Applicants must meet all of the qualification requirements, including education and any selective placement factors described below by the closing date of this announcement. Education may only be substituted in accordance with the Office of Personnel Management (OPM) Qualification Standards Handbook. Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order to be credited towards qualifications. Applicants must have the general and specialized experience outlined below which provided the applicant with the particular knowledge, skills and abilities to perform the duties of the position. To be hired as an Administrative Law Judge with us, you must: possess at least a Bachelor of Laws (LL.B) degree or a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association; AND currently be a member in good standing of the Bar of a state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. In addition to meeting the basic qualification requirements above, applicants must have at least 10 years of total experience as one or more of the following: A Federal Administrative Law Judge; A Patent Trial and Appeal Board ("PTAB") Judge; A judge in a federal tribunal with jurisdiction over intellectual property, international trade, or unfair competition matters; An attorney litigating before the USITC in Section 337 investigations, and/or litigating before a federal tribunal in matters involving intellectual property, international trade, or unfair competition claims, such as trade secret misappropriation, false advertising under the Lanham Act, or antitrust; A Clerk or similar position to a judge in a federal tribunal with jurisdiction over intellectual property, international trade, or unfair competition matters. AND The applicant must have at least 10 years of substantial experience in section 337 litigation before the United States International Trade Commission (USITC), or in intellectual property litigation and/or unfair competition litigation before the U.S. Supreme Court, U.S. Courts of Appeals, U.S. District Courts, U.S. Court of International Trade, U.S. Court of Federal Claims, or U.S. federal agencies, through one or more of the following activities: Drafting complaints and other pleadings and conducting pre-filing investigations; Conducting prehearing disclosure and discovery, including conducting and defending depositions; preparing discovery requests and responses; conducting foreign discovery; conducting forensic examinations; Preparing prehearing motions, opinions, or orders (including summary judgment motions); Conducting or presiding over settlement or negotiations in advance of the hearing; Participating in oral arguments or conferences before the presiding judge or officer; Preparing for the hearing, including lay and expert witness preparation; preparing evidentiary exhibits, physical exhibits, and demonstratives; Trying or hearing cases whether in person or via videoconference, including proceedings involving non-English speaking witnesses; Preparing pre-hearing and post-hearing briefs or opinions; Preparing petitions for review and responses thereto; Participating in or conducting arbitration, mediation, or other alternative dispute resolution; Participating in post-order ancillary proceedings (e.g., modification proceedings; enforcement proceedings; advisory opinion proceedings); Participating in enforcement-related activity before U.S. Customs and Border Protection; and Participating in appeals related to the types of cases described above. Applicants meeting the minimum qualification requirements identified above will be further evaluated to determine those who are best qualified. This determination will be based, in part, on the following factors. When describing your experience, please provide in your resume several examples explaining the following factors: Substantial courtroom experience involving intellectual property rights, scientific or technical subject matter, and/or unfair competition claims (please identify with specificity); Knowledge of Section 337 law; Knowledge of patent law; Knowledge of other intellectual property and unfair competition law; Experience and/or education in technical, scientific, and/or other highly complex subject matter; Evidence of clear and cogent written analyses of factual and legal issues, with supporting reasoning and case law, under significant time constraints (e.g. briefs or opinions authored by the applicant exhibiting significant legal and factual analyses); Experience with rules and procedure governing federal court proceedings and/or federal agency proceedings conducted under the Administrative Procedure Act; Evidence of oral communications in a manner that is clear, concise, and understandable, and to elicit facts by examining expert and lay witnesses (e.g., hearing transcripts; deposition transcripts and the like); Demonstration of effective management and leadership of staff, including setting clear goals, maintaining accountability, taking corrective action promptly, fostering a collaborative environment, and setting an example by personally following the same policies applicable to supervised employees; Demonstration of the appropriate temperament and qualities to serve as a judge, such as: Demonstrated ability to view evidence in an objective fashion and carry out role as a fact finder; Demonstrated ability to listen attentively and deal courteously, tactfully, firmly, and impartially with others in an adversarial or similar setting; Demonstrated ability to establish effective work relationships with all levels of management, colleagues, and staff; and Demonstrated ability to achieve cooperation and consensus among colleagues engaged in joint or parallel efforts.