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ITC Considers Alternatives for Live Testimony due to COVID-19

The ITC recently issued an order rescheduling a hearing from June 22, 2020 to July 20, 2020 and extending the target date for completion of the corresponding investigation to March 5, 2021 due to the coronavirus pandemic....more

Show Me The Money: Only Quantitative Investment Data Can Satisfy the Domestic Industry Requirement

In a recently issued Commission Opinion, the ITC affirmed ALJ Bullock’s application of the Federal Circuit’s rule that a quantitative analysis must be performed in order to determine whether a complainant has satisfied the...more

ITC Invalidates Road Paving Machine Patent for Being An Abstract Idea

In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that the asserted claims of U.S. Patent No. 9,045,871 (the ’871 patent) are invalid as directed to an abstract idea. Certain Road Construction...more

Defaulting Respondent Left Holding the Bag

A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was...more

ITC Issues GEO to Protect Domestic Manufacturer From Anonymous Online Sales

In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a general exclusion order (“GEO”). Certain Self-Anchoring Beverage Containers, Inv. 337-TA-1092, Comm’n Op....more

ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

In a recent opinion, the ITC found that four defaulting respondents violated section 337 and that a general exclusion order (GEO) was the appropriate remedy for unlicensed products. Certain LED Lighting Devices and Components...more

Live Testimony Remains Important in ITC Investigations

When parties jointly stipulate to witness statements rather than live direct and cross examination, one might expect the ITC to be receptive to their agreement—after all, such stipulations may save time and resources for...more

ITC Denies Motion to Stay After Weighing Semiconductor Chips Factors

In a recent order, the ITC denied a motion to stay after ALJ Bullock found that the balance of the Semiconductor Chips factors weighed against granting the motion. See In re Certain Memory Modules And Components Thereof, Inv....more

Commission Defers to PTAB’s Invalidation of a Single Claim in an Otherwise Blanket Affirmance of the ALJ’s Initial Determination

The ITC issued a final determination in a long-running dispute between Sony and Fujifilm. Certain Magnetic Tape Cartridges And Components Thereof, Inv. No. 337-TA-1058, Notice Of A Commission Final Determination (March 25,...more

Journal Article by an Expert Is Excluded As Improper Expert Testimony or Declaration

In a recent Order, ALJ Bullock granted Respondents’ motion in limine to exclude a published article written by a former district court judge who previously served as Complainant’s economic expert. In re Certain Memory Modules...more

Disputed Material Facts Snap Complainant’s Motion for Summary Determination of Economic Prong of Domestic Industry

In a recent order, ALJ McNamara denied Complainant SnapPower’s motion for summary determination that it satisfies the economic prong of the domestic industry requirement of 19 U.S.C. § 1337(a)(3). In re Certain Powered Cover...more

Declining Domestic Investments May Still Qualify as Significant

In a recent decision, the ITC rejected respondent’s argument that complainant did not meet its domestic industry (“DI”) requirements because of declining investments over the years leading up to the Complaint. In re Certain...more

Penalties for Violating a Consent Order can be Costly

In In the Matter of Certain Dimmable Comp Act Fluorescent Lamps and Products Containing Same, 333-TA-830 (ITC January 10, 2014), ALJ Pender found enforcement measures were appropriate for Respondent’s violation of a consent...more

ITC Lets Investigation Proceed Based on Patents Likely to Expire Before Commission Review

In re Certain Color Intraoral Scanners & Related Software, Inv. No. 337-TA-1091, Order 34 (ITC Sept. 6, 2018) presents an interesting factual scenario. The schedule adopted by the ALJ had the Commission issuing a final...more

ALJ Pender Returns to ITC

A few weeks ago we reported that Administrative Law Judge (“ALJ”) Thomas B. Pender had retired from the ITC. In recent notices issued by Chief ALJ Bullock, some of the investigations that were previously assigned to ALJ...more

Articles Protected by Domestic Industry Can be Based on Any Claim of Asserted Patent

The ITC permits a domestic industry to be based on any claim of an asserted patent even if the claim defines an article that is different from the investigated article of commerce. In a recent order, ALJ Cheney reiterated...more

Establishing Domestic Industry Based on Future Products

In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists. As a result, he denied respondent’s motion to strike...more

Don’t Wait For Service Under the Federal Rules – Go to the ITC

One of the advantages of bringing a dispute to the ITC is the ease with which service of process can be accomplished against foreign respondents. Unlike in district court, the rules at the ITC merely require that the ITC mail...more

ALJ Terminates Investigation Based on Impending Expiration of Patent

On February 27, 2018, Administrative Law Judge (“ALJ”) Bullock issued an Initial Determination granting Respondents’ renewed emergency motion to terminate the Investigation because the Commission will be unable to issue a...more

Inducement After Importation Actionable Under Section 337

Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more

When Is It Too Late to Amend an Answer to an ITC Complaint?

We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order...more

When Is It Too Late to Amend an ITC Complaint?

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

ITC Re-Opens Investigation in Response to Federal Circuit Reversal

In response to the Federal Circuit’s reversal of the ITC’s indefiniteness and invalidity finding, the Commission remanded the investigation to ALJ with instructions to issue an ID within 30 days....more

ITC Remains Unpersuaded by Final PTAB Rulings

This week the ITC stood firm in its position that final PTAB rulings of unpatentability in IPR proceedings are not grounds to modify, suspend, or rescind remedial orders. In Certain Foam Footwear, Inv. No. 337-TA-567, the ITC...more

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