News & Analysis as of

Section 337 Evidentiary Hearings Patents

Wolf, Greenfield & Sacks, P.C.

Top Five Recent Developments in Section 337 Litigation

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more

Wolf, Greenfield & Sacks, P.C.

The ITC in 2023: A Look at Five of the Most Surprising Section 337 Developments

2023 was an exciting year for Section 337 litigation at the ITC, particularly in the final quarter of the year. As we ring in the new year, Wolf Greenfield Shareholder Libbie DiMarco examines five of the most noteworthy ITC...more

Jones Day

Redesign Cleared Following Adverse Initial Determination

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In an dispute involving garage door openers, Respondent successfully utilized a Modification Proceeding pursuant to 19 U.S.C. § 1337(k) to obtain a determination from the ITC that its redesigned product did not infringe the...more

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ITC Considers Alternative Hearing Procedures

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In a recently issued order, the ITC indicated its willingness to consider case-by-case modifications to its hearing procedures in view of the ongoing COVID-19 pandemic. Certain Touch-Controlled Mobile Devices, Computers, and...more

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Live Testimony Remains Important in ITC Investigations

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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

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Ground Rules Preclude New Rebuttal Expert Opinions

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Shortly before the evidentiary hearing, ALJ Lord granted Complainant’s motion in limine and excluded certain testimony in the witness statement of Respondents’ expert as precluded by her ground rules governing expert...more

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

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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

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ALJ Terminates Investigation Based on Impending Expiration of Patent

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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

Foley & Lardner LLP

The Public Interest, EPROMs, and Domestic Industry Issues in Component Manufacturer S. 337 Investigations

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Since the Supreme Court’s decision in eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006), injunctions are an infrequent remedy for patent infringement in federal district courts. Yet, an exclusion order – the functional...more

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ALJ Provides Domestic Industry Proof Outline

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In a recent Order setting the procedural schedule for a 100-Day Pilot Program proceeding, Judge Lord provided a helpful outline for proofs necessary to establish the economic prong of domestic industry. Certain Solid State...more

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ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

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In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met. Certain Non-Volatile Memory Devices and Products...more

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100-Day Pilot Program Proceedings Remain Rare

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In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

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Can PTAB Decision Not to Institute IPR Tank Invalidity Defense In ITC?

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Judge McNamara determined to reopen the record after the hearing and take judicial notice of two PTAB decisions denying institution of IPR challenges of the asserted patents in Certain Composite Aerogel Insulation Materials...more

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