The ITC is generally not willing to terminate an investigation even if it is likely the Commission won’t issue a final decision until after the expiration of the patents at issue.
Notices recently issued by ALJ Bullock indicate that ALJ Pender “has returned to the Commission” and certain previously assigned investigations were therefore reassigned to him.
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 Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists.
The ITC recently modified a previously issued remedial order such that certain of the Respondents’ redesigned products were not excluded from importation.