Commission Strikes Allocation Analysis From Economic DI Order

Commission Strikes Allocation Analysis From Economic DI Order

On December 7, 2016, the Commission affirmed Judge McNamara’s Initial Determination finding that the economic prong of domestic industry was satisfied in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing Same, Inv. No. 337-TA-1003. However, the Commission determined to review and strike the portion of Judge McNamara’s decision relating to the allocation of expenses by asserted patent.

Improper Allocation of Expenses Prevents Finding of Domestic Industry

Improper Allocation of Expenses Prevents Finding of Domestic Industry

Chief Administrative Law Judge Bullock issued the public version of his Initial Determination in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same wherein he found that one of two asserted patents was valid and infringed. However, there was no violation of Section 337 because Complainants failed to properly allocate domestic expenses between the asserted patents.

ITC Institutes 100-Day Pilot Program Proceeding in Silicon Wafers Investigation

ITC Institutes 100-Day Pilot Program Proceeding in Silicon Wafers Investigation

On October 19, 2016, the Commission issued a notice instituting an investigation in Certain Silicon-On-Insulator Wafers, Inv. No. 337-TA-1025. The Commission ordered the presiding administrative law judge to hold an early evidentiary hearing pursuant to the 100-day pilot program on whether the Complainant satisfies the economic prong of domestic industry.