In an earlier post, we summarized ALJ McNamara’s recent Summary Determination in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031, Order No. 33 (July 6, 2017). The ALJ invalidated claims 16-18, 21, and 30 of U.S. Patent No. 7,706,659, because the recited term “molecular weight” was indefinite.
On August 7, 2017, the Commission reversed and vacated the determination. An opinion is forthcoming. We will provide an update when the Commission issues its public opinion.
The Commission’s decision to overturn summary determination highlights that such victories may be short lived. Respondents who obtain summary determination on some but not all of the asserted claims should continue to seek discovery or risk being precluded from doing so on remand.
Latest posts by Vishal Khatri (see all)
- General Exclusion Orders: Enjoin Everyone - May 11, 2018
- ITC On Pace for Record-Breaking 2018 - April 27, 2018
- Commission Continues Use of Standard Certification Provision Even When Finding That All Accused Products Infringe - April 11, 2018