New ITC patent rules will go into effect for all investigations instituted after June 7, 2018. The rules are likely to have an immediate impact on practitioners and litigants.
Normally, the FDA monitors the improper distribution of drugs, but the ITC might also enter the fray if complainants can demonstrate injury.
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.