While ITC patent decisions do not have collateral estoppel effects, other ITC decisions, such as trade-secret misappropriation, may create estoppel.
By: Vishal Khatri and Blaney Harper – The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined that the ID’s good cause (the imminent expiration of the patent) is moot since the patent is now actually expired.
The ALJ noted that the pending expiration of the ’340 patent is not disputable and the ITC does not have the authority to alter the expiration date.
By: Daniel Kazhdan, Ph.D. and David Maiorana – On February 14, 2018, the Commission affirmed ALJ Pender’s initial determination of non-infringement but based on modified grounds related to the construction of the claim term “single-molecule sequencing.”
By: Yury Kalish and David Maiorana – In a recent order, the Commission again declined to institute an Early Disposition Pilot Program (100-day Pilot Program), this time citing the complexity of the issues raised in the request.
By: Daniel Kazhdan, Ph.D. and Blaney Harper – In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred.