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.

Inducement After Importation Actionable Under Section 337

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 relating to post-importation inducement and distinctions between induced and contributory infringement.  Certain Digital Video Receivers And Hardware And Software Components Thereof, Inv. No. 337-TA-1001, Commission Opinion (December 6, 2017). 

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

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 issued last week by Administrative Law Judge Lord provides insight as to respondent’s burden in seeking leave to amend its answer to the complaint.  Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion Control Systems, Networking Equipment, Safety Devices, and Power Supplies, Inv. No. 337-TA-1074, Order 10 (December 15, 2017).