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.

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.