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.
The ALJ noted that the pending expiration of the ’340 patent is not disputable and the ITC does not have the authority to alter the expiration date.
By: Daniel Kazhdan, Ph.D. and Blaney Harper – In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred.
In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly violating previous discovery-related Order 17.
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.