ITC Affirms Termination of Investigation Based on Expiration of Patent

ITC Affirms Termination of Investigation Based on Expiration of Patent

By: Vishal Khatri and Blaney Harper – The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined that the ID’s good cause (the imminent expiration of the patent) is moot since the patent is now actually expired.

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

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

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 Containing Same, Inv. No. 337-TA-1046, Order No. 26.  Although the order is heavily redacted, Judge Lord’s analysis appears to focus on the fact that the products relied upon to meet the domestic industry requirement were not manufactured until after the date the complaint was filed.