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.