Duties

The Commission seeks an Administrative Law Judge (ALJ) to prepare for and preside at hearings and formal proceedings within the jurisdiction of the U.S. International Trade Commission. The Administrative Law Judge (ALJ) presides over and conducts hearings and formal proceedings within the jurisdiction of the U.S. International Trade Commission. These proceedings involve, but may not be confined to, Section 337 of the Tariff Act of 1930, which concerns issues related to intellectual property rights (including patents, trademarks, trade secrets and unfair trade practices), as well as economic and business issues. Approximately 90 percent of the proceedings involve patent rights. Technologies relating to computer and telecommunications devices, chemical compositions and processes, medical and industrial equipment, and consumer products are often at issue in these proceedings. The ALJ administers oaths and affirmations, rules upon motions, controls discovery, regulates the course of evidentiary hearings and receives relevant evidence, holds conferences regarding settlement and other issues, and disposes of procedural requests or similar matters. The ALJ issues, inter alia, initial determinations and factual findings, as well as recommended determinations regarding remedy, which may be reviewed by the Commission.

Qualifications

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.

Education

Submit a copy of your transcript(s) with credit hours, major(s) and grade-point average or class ranking, and date degree conferred. Education completed in foreign colleges or universities may be used to meet the education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to provide such evidence when applying. Click on the link for a list of accredited organizations recognized as specializing in interpretation of foreign education credentials: https://naces.org/members/

Other Information

Salary for Administrative Law Judges (ALJ) positions varies depending on qualifications. Selected candidate is required to file a SF-278, Public Financial Disclosure Report within 30 days after his/her appointment, in accordance with the Ethics in Government Act of 1978. Excepted service appointments: This position is in the Excepted Service and does not confer rights to permanent Civil Service status. Selective Service: If you are a male applicant born after December 31, 1959, you must certify that you are registered with the Selective Service or are exempt under Selective Service regulations. For additional information concerning Selective Service requirements, please visit http://www.sss.gov/. Cover page to fax paper application - OPM Form 1203fx: http://www.opm.gov/forms/pdfimage/opm1203fx.pdf Reasonable accommodations: This agency provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the contact listed on the vacancy announcement. The decision to grant a reasonable accommodation is made on a case-by-case basis. Verification of information: Any information claimed on your resume and in application materials, such as education, credentials, employment history, etc., will be verified as part of the security clearance process. Time period to meet qualifications: All qualification requirements must be met by the closing date of this announcement.