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.
Economic Prong of Domestic Industry Requirement Is Not Evaluated in Relation to Complainant’s Overall Investments
The economic prong can be satisfied even when the percentage of complainant’s domestic investments in the patented products is small in relation to its overall domestic investments.
A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses.
Parties considering whether to pursue litigation in a district court or the ITC should know that service against a foreign respondent is easier at the ITC.
In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly violating previous discovery-related Order 17.
In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively, “Fujifilm”) motion to strike Complainants Sony Corporation, Sony Storage Media Solutions, Sony Storage Media Manufacturing Corporation, Sony DADC US Inc., and Sony Latin America Inc. (collectively, “Sony”) amended and supplemental identification of accused products and to preclude Sony from adding such products to the investigation. Certain Magnetic Tape Cartridges and Components Thereof, Inv. 337-TA-1058, Order 14.