ALJs Split on Inequitable Conduct Pleading

ALJs Split on Inequitable Conduct Pleading

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.

ITC Scrubs Domestic Industry Holding In Brushes Investigation

ITC Scrubs Domestic Industry Holding In Brushes Investigation

On February 7, 2017, the ITC issued a Notice modifying the ALJ’s Initial Determination in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv. No. 337-TA-959 and issuing general and limited exclusion orders and cease and desist orders. Of note, the Commission vacated but took no position on the ALJ’s holding that R&D-related expenditures should not be counted toward meeting the domestic industry requirement under subsections A or B of the statute.

Lifetime Takes Shot At Russell in the ITC During District Court Timeout

Lifetime Takes Shot At Russell in the ITC During District Court Timeout

As we’ve previously reported here, 2016 saw a significant increase of ITC Section 337 investigations over prior years. The last complaint of the year was filed on December 30, 2016, by Lifetime Products, Inc. (“Lifetime” or “Complainant”) against Russell Brand LLC d/b/a Spalding (“Russell”) and Reliable Sports Equipment (Wujiang) Co. Ltd (“Reliable”) (collectively, “Respondents”). In the Matter of Certain Basketball Backboard Components and Products Containing the Same, Complaint 337-TA-____ (Dkt. 3191). Lifetime is asking ITC to issue a Limited Exclusion Order (LEO) and permanent cease and desist orders against the Respondents.

Extraterritorial Misappropriation of Trade Secrets Remains Actionable at ITC

Extraterritorial Misappropriation of Trade Secrets Remains Actionable at ITC

Yesterday, the Supreme Court denied Sino Legend’s petition for certiorari of the Federal Circuit’s summary affirmance of the Commission’s decision in Certain Rubber Resins & Processes for Mfg. Same, ITC Inv. No. 337-TA-849 (Feb. 26, 2014). Thus, after almost three years of appeals, and without any substantive analysis by either the Federal Circuit or the Supreme Court, the Commission Opinion has been upheld.