By: Yury Kalish and David Maiorana – In a recent order, the Commission again declined to institute an Early Disposition Pilot Program (100-day Pilot Program), this time citing the complexity of the issues raised in the request.
In a recent Order setting the procedural schedule for a 100-Day Pilot Program proceeding, Judge Lord provided a helpful outline for proofs necessary to establish the economic prong of domestic industry. Certain Solid State Storage drives, Stacked Electronics Components, and Products Containing Same, Inv. No. 337-TA-1097, Order No. 3.
ALJ Bullock’s order emphasizes the importance for complainants and respondents to quickly obtain the necessary facts during discovery and react to such information in a timely manner.
In a recent order, Administrative Law Judge Lord denied Respondents CSL Behring LLC, CSL Behring GMBH, and CSL Behring Recombinant Facility AG (“CSL Behring”) motion to compel discovery from Complainants Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC (“Bioverativ”) related to CSL Behring’s affirmative defense of inequitable conduct. Certain Recombinant Factor IX Products, Inv. No. 337-TA-1066, Order No. 11.
In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the program, and such proceedings remain rare.