Cover All Your Bases in ITC Discovery

Cover All Your Bases in ITC Discovery

Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016 (May 31, 2017), is a good lesson in covering all your bases. Relying on a non-infringement decision by ALJ Pender, respondents assumed that they did not need to present an invalidity case, and they failed to take certain relevant discovery. When Judge Pender’s decision was reversed by the Commission, they tried to get that discovery. Judge Pender ruled that it was too late.

ITC Commissioners Remain Split on Cease and Desist Orders

ITC Commissioners Remain Split on Cease and Desist Orders

This month, in Certain Arrowheads with Deploying Blades and Components Thereof and Packaging Therefor, Inv. No. 337-TA-977, the Commission weighed in on the standard for obtaining a cease and desist order where the respondents default. The majority held that the ITC will only issue a cease and desist order against a defaulting respondent when evidence of domestic inventory of accused products is provided in the complaint. In such circumstances, the ITC will presume that the domestic inventory is commercially significant because the respondent defaulted.

Can PTAB Decision Not to Institute IPR Tank Invalidity Defense In ITC?

Can PTAB Decision Not to Institute IPR Tank Invalidity Defense In ITC?

Judge McNamara determined to reopen the record after the hearing and take judicial notice of two PTAB decisions denying institution of IPR challenges of the asserted patents in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same, Inv. No. 337-TA-1003. The ALJ’s decision raises interesting issues with respect to the effect of PTAB decisions on Section 337 investigations.

ITC Declines To Take a Position On Contributory Infringement and Laches Issues

ITC Declines To Take a Position On Contributory Infringement and Laches Issues

Following up on our previous post, the International Trade Commission (ITC) issued the public version of its Opinion in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries For Power Tool Products Containing Same, And Power Tool Products With Lithium-Ion Batteries Containing Same, Inv. No. 337-TA-951. The ITC determined not to provide guidance on whether a good faith belief of non-infringement is a defense to contributory infringement and whether laches is a viable defense in Section 337 proceedings.