We previously wrote about the ITC’s determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 that renting accused products after importation does not violate Section 337. This week the ITC issued Commissioner Kieff’s concurring additional views which cast doubt on the precedential value of the ITC’s determination.
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.
On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no violation with respect to accused products that were rented after importation. The Commission’s decision raises interesting issues with respect to the ITC’s jurisdiction under Section 337.
Judge Pender issued Order No. 19 in Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, denying Complainant The Chamberlain Group’s (“CGI”) motion for summary determination that the accused products do not infringe one of the asserted patents under the ALJ’s claim construction order. CGI moved for summary determination in an attempt to obtain interlocutory Commission review of the claim construction order, but the ALJ denied the motion explaining that summary determination cannot be entered against the moving party’s interest.
As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337 investigation. This time they have asked for argument on an antitrust claim that was terminated by the presiding ALJ.
On February 15, 2017, the Federal Circuit issued its opinion in Organik Kimya v. ITC, No. 15-1774, upholding the ITC’s decision finding Respondent Organik Kimya in default for destroying evidence.