ALJ Finds ITC Remedial Orders Unenforceable

ALJ Finds ITC Remedial Orders Unenforceable

We previously wrote about the uphill battle Respondent Eko Brands faced in an enforcement proceeding after it defaulted in the underlying investigation. The ALJ found during the proceedings that res judicata barred its defenses of non-infringement and invalidity. However, Judge Essex issued an interesting determination this month finding that the Commission’s remedial orders are not enforceable against Eko because Complainant Adrian Rivera and Adrian Rivera Maynez Enterprises (“ARM”) did not properly establish the domestic industry requirement in the underlying investigation. He further found that even if the remedial orders are enforceable, that they should be provisionally rescinded pending final resolution of a district court case.

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 Proceedings Do Not Trigger One Year Clock to File IPR

ITC Proceedings Do Not Trigger One Year Clock to File IPR

Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the ITC does not stay their proceedings in view of IPR institution. Recent decisions by the Patent Trial and Appeal Board (PTAB) bring to light another distinguishing feature of taking a patent dispute to the ITC – it will not start a one-year clock to file an IPR request.

ITC Reschedules Oral Argument

ITC Reschedules Oral Argument

As previously reported, the Commission recently granted U.S. Steel’s request for an oral hearing in Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002. This was only the second oral argument granted in a Section 337 case in nearly ten years. In a Notice issued March 3, 2017, the Commission rescheduled the date for oral arguments to April 20, 2017 in order to seek further written submissions from the public.

ALJ:  Complainant Can Rely Entirely On Licensee’s Activities For DI Requirement

ALJ: Complainant Can Rely Entirely On Licensee’s Activities For DI Requirement

Judge McNamara has issued the public version of her Initial Determination pursuant to the 100-day Pilot Program proceeding on domestic industry in Certain Silicon-On-Insulator Wafers, Inv. No. 337-TA-1025. Judge McNamara held that Complainant Silicon Genesis Corp. has contingently established the economic prong of domestic industry based solely on its licensee’s domestic activities.