Administrative Law Judge

Washington, D.C
Jan 14, 2022
Jan 15, 2022
Full Time

This position is in the Excepted Service.

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, and medical and industrial equipment 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.


Conditions of Employment

  • You must be a U.S. citizen or national
  • You will be required to submit a Financial Disclosure Statement, SF-278
  • You must be able to obtain and maintain a Top Secret clearance
  • You are required to register for Selective Service if you are a male born after 12/03/59


Mandatory Qualifications

A. Applicant/candidate must possess a Juris Doctor (J.D.) degree.

B. At the time of application and upon appointment, applicant/candidate must demonstrate that they possess a license to practice law and be authorized to practice law under the laws of a state, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the U.S. Constitution ("judicial" status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law, and being in "good standing" is also acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law).

C. 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;
  • An attorney litigating before the USITC in Section 337 investigations, and/or litigation before federal courts or the PTAB involving intellectual property rights and other unfair competition claims, such as trade secret misappropriation, false advertising under the Lanham Act, or antitrust;
  • A Clerk or similar position to a U.S. Court of Appeals for the Federal Circuit Judge, U.S. District Court Judge, or U.S. federal agency judge in APA proceedings who presided over trials involving intellectual property or unfair competition issues.
  • D. In the position(s) identified above, the applicant/candidate must have at least 10 years of substantial experience in various aspects of litigation before the USITC in Section 337 investigations, district courts, or appellate courts, in one or more of the following:
    • 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.

    Desirable Qualifications

    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); and
  • 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

    Applicant/candidate must possess a Juris Doctor (J.D.) degree.

    Additional information

    • Salary for Administrative Law Judges positions varies depending on qualifications.
    • ALJs are not subject to probationary periods in the competitive service or trial periods in the excepted service.
    • 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.
    If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application:

    This position is in the Excepted Service.

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