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.
We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order issued last week by Administrative Law Judge Lord provides insight as to respondent’s burden in seeking leave to amend its answer to the complaint. Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion Control Systems, Networking Equipment, Safety Devices, and Power Supplies, Inv. No. 337-TA-1074, Order 10 (December 15, 2017).
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.
The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) proceeding. Certain Hybrid Electric Vehicles And Components Thereof, Inv. No. 337-TA-1042, Notice (Dec. 8, 2017). The underlying initial determination raises nuanced issues regarding the application of IPR estoppel in Section 337 investigations.
In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846 against Respondent VIZIO, Inc. Certain Graphic Systems, Components Thereof, And Consumer Products Containing The Same, Inv. No. 337-TA-1044, Order 32.