Michael Kyle Kondrad
Michael Kyle Kondrad is an associate in the IP Tech Practice Group in the Washington DC Office. His focus areas include intellectual property litigation, prosecution, trade regulations, trade secrets, transactional matters, and various matters related to the importation of goods into the United States including economic injury and damages, import duty compliance, and unfair competition.
He has drafted memos, pleadings, patents, infringement charts, presentations, reports, client updates, legal articles, harmonized tariff schedule classifications, scope inquiries, country of origin determinations, administrative and sunset review narratives, penalty protests, and cease and desist letters. Michael has also helped manage proceedings before the United States Department of Commerce, U.S. International Trade Commission, and U.S. Customs and Border Protection, including managing documents, evidence, deadlines, research, drafting, and filing. In addition, he has performed extensive email and document review of client's records to assess past practices and trade compliance risks, performed intellectual property due diligence on contracts, documents, and patents from both the seller and buyer perspective, as well as reviewed client confidential information practices and drafted revised company trade secret policies and practices.
Prior to working with Baker McKenzie, he worked as a Summer Associate for a consulting group where he researched, reviewed, and edited client documents regarding; non-disclosure agreements, indemnifications, damages, non-compete clauses, hiring contracts, defined technical terms, subcontracting, know-how licensing, and IP confidentiality (e.g. non-reverse engineering clause). Michael also conducted searches within the USPTO for third party patents to identify potential Freedom to Operate risks.
The United States is one of the most active countries in investigating so-called “unfair pricing” in the form of dumping or subsidization by foreign countries. In the past three years, the United States has initiated five investigations against imports from Brazil, having very recently initiated a case involving brass rods. Brazilian producers/exporters should be aware of the US activity in the antidumping and anti-subsidy space and, where there is a risk of such an action targeting a company’s exports from Brazil to the United States, consider taking steps to prepare in advance and implement a global trade remedies compliance, prevention, and action strategy.
On November 18, 2022, the US Department of Commerce (DOC) published a notice of a proposed change to its particular market situation (PMS) methodology.
Since the 2015 expansion of the DOC’s PMS authority, the DOC has been using the PMS methodology in the calculation of antidumping duty rates when it considers that there is a market distortion in the exporting country under investigation, such as the availability of low-priced energy, which reduces exporters’ costs of production.