ITC Upholds 100-Day Pilot Program Section 101 Ruling

ITC Upholds 100-Day Pilot Program Section 101 Ruling

On September 21, 2016, in Certain Portable Electronic Devices and Components Thereof, Inv. No. 994, the Commission determined not to review Judge Shaw’s initial determination (“ID”) that the asserted patent, U.S. Patent Number 6,928,433, is directed to ineligible subject matter under 35 U.S.C. § 101. Judge Shaw’s determination was made pursuant to the Commission’s 100-day pilot program for early determination of case dispositive issues.

ITC Institutes First 100-Day Pilot Program on Patent Validity

ITC Institutes First 100-Day Pilot Program on Patent Validity

In 2013, the United States International Trade Commission (“ITC” or “Commission”) launched its 100-day pilot program (“pilot program”) to test whether early rulings on certain case-dispositive issues could limit unnecessary litigation. To date, the ITC has utilized the pilot program only twice: once on the issue of domestic industry (Inv. No. 337-TA-874) and once on the issue of standing (Inv. No. 337-TA-949). On May 5, 2016, the ITC instituted its third 100-day pilot program investigation—and for the first time on the issue of patent eligible subject matter. The ITC’s decision to utilize the 100-day pilot program for the early determination of a patent validity issue signals a significant broadening of the pilot program going forward.