ALJ Lord issued an Order Granting a Motion to Strike Affirmative Defense of unclean hands and inequitable conduct. Certain Krill Oil Products and Krill Meat for Production of Krill Oil Products, Order No. 8 (Feb. 7, 2017). Applying a heightened pleading standard for an inequitable conduct defense, ALJ Lord held that this affirmative defense did not satisfy the requirements of particularity articulated by the Federal Circuit in Exergen.
On January 13, Judge Lord issued the public version of Order 50 in Certain Semiconductor Devices, Semiconductor Device Packages, And Products Containing Same, Inv. 337-TA-1010, granting-in-part Respondents’ motion to compel production of factual materials underlying pre-suit testing.
As discussed in our November 3, 2016, post, defaulting at the ITC to avoid the cost of litigation is a risky strategy.
Judge Shaw issued Order No. 22 in Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. 337-TA-1012, denying the Sony Respondents’ motion to extend witness statement page limits.
On January 10, 2017, Judge McNamara issued the public version of Order No. 22 in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same, Inv. 337-TA-1003, striking Respondents’ late disclosed prior art and invalidity contentions.