While ITC patent decisions do not have collateral estoppel effects, other ITC decisions, such as trade-secret misappropriation, may create estoppel.
By: Yury Kalish and David Maiorana – Late last week, the International Trade Commission (“ITC”) finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018 and will go into effect 30 days later.
By: Daniel Kazhdan, Ph.D. and David Maiorana – On February 14, 2018, the Commission affirmed ALJ Pender’s initial determination of non-infringement but based on modified grounds related to the construction of the claim term “single-molecule sequencing.”
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.