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).

When Is It Too Late to Amend an ITC Complaint?

When Is It Too Late to Amend an ITC Complaint?

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846 against Respondent VIZIO, Inc.  Certain Graphic Systems, Components Thereof, And Consumer Products Containing The Same, Inv. No. 337-TA-1044, Order 32.