The ITC allows supplementation of a party’s Notice of Prior Art in some instances, but will deny the addition of new prior art references if the party does not explain why they did not obtain the added references earlier or how the added references pertain to the asserted patents.
The Federal Circuit recently reversed the ITC’s finding of a Section 337 violation based on the ITC’s reliance on unrebutted expert testimony.
In a recent decision, the Commission expanded the universe of investments that complainants can use to meet the economic prong of the domestic industry requirement.
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.