In a recently issued initial determination, the ITC granted summary determination on violation and recommended issuance of a general exclusion order (“GEO”) against respondents after finding that a limited exclusion order...more
In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. Hyosung TNS, Inc. v....more
12/23/2019
/ Administrative Law Judge (ALJ) ,
Appeals ,
Claim Construction ,
Federal Rule 12(b)(6) ,
International Trade Commission (ITC) ,
Means-Plus-Function ,
Motion to Dismiss ,
New Evidence ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Section 337
From a conceptual standpoint, one might think there is a difference between selling an item and charging for a leased item that was never returned. However, a recent decision from the ITC held that charging fees for...more
A recent Initial Determination (“ID”) by ALJ Cheney illustrates how the government shutdown earlier this year effectively made this ITC investigation “toothless” since relief was not practicable before the patents would...more
In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents’ motion in limine to exclude certain testimony of Complainants’ expert. Certain Radio Frequency Microneedle Dermatological Treatment Devices...more
7/22/2019
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Admissible Evidence ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Expert Witness ,
International Trade Commission (ITC) ,
Litigation Strategies ,
Motions in Limine ,
Patents ,
Section 337
On April 8, 2019, ALJ Cheney issued an order denying the addition of an email to the exhibit list at the eve of the evidentiary hearing. Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof...more
6/7/2019
/ Administrative Law Judge (ALJ) ,
Discovery ,
Document Productions ,
Evidence ,
Evidentiary Hearings ,
Government Shutdown ,
International Trade Commission (ITC) ,
Prior Art ,
Scheduling Orders ,
Supplemental Evidence ,
Undue Prejudice
In an earlier post related to this investigation, we discussed the ITC’s recommendation that a general exclusion order issue for products infringing Complainant National Products Inc.’s (“NPI”) patents after all named...more
5/13/2019
/ Administrative Law Judge (ALJ) ,
Contributory Infringement ,
Direct Infringement ,
Domestic Industry Requirement ,
Exclusion Orders ,
Induced Infringement ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patents ,
Remand ,
Section 337
In an order recently made public, Chief Administrative Law Judge (“ALJ”) Bullock denied Respondent Hitachi Koki USA, Limited’s motion for summary determination of non-infringement because the motion was based on an incorrect...more
Citing gamesmanship and a failure to follow the Ground Rules, Chief Administrative Law Judge (“ALJ”) Bullock recently issued an opinion striking portions of Complainant’s expert report. Certain Blow-Molded Bag-In-Container...more
Last week, in Laerdal Medical Corp. v. ITC, No. 17-2445 (Fed. Cir. Dec. 7, 2018), the Federal Circuit held that, once the ITC institutes an investigation, it cannot reconsider the adequacy of the complaint. Normally, that...more
In a recent opinion, the International Trade Commission (“ITC”) held that economic investments and activities related to patented pre-commercial and non-commercial articles can meet Section 337’s domestic industry...more