Recent statistics reflect that the ITC continues to be an attractive venue for IP litigation. FY 2019 had a decrease in the number of complaints filed but trends to-date in FY 2020, suggest minimal disruption in the number of filings due to COVID-19.
In a recently issued order, the ITC rescheduled an upcoming hearing due to the coronavirus pandemic and urged the parties to agree to have witnesses testify based on their deposition transcripts instead of live testimony at the upcoming hearing.
In a recent Order, the ITC denied Respondents’ request to use the ITC’s Early Disposition Program which allows the ALJ to decide within 100 days certain case dispositive issues while staying discovery of any remaining issues.
On March 16, 2019, the ITC implemented a temporary change to filing procedures in light of the global COVID-19 pandemic. The ITC will temporarily waive and amend its rules that require the filing of paper copies, CD-ROMs, and other physical media in section 337 investigations. All filings, including new complaints, will be done electronically instead.
In a recently issued Commission Opinion, the ITC applied the Federal Circuit’s rule in Lelo emphasizing that a quantitative analysis must be performed in order to determine whether a complainant has satisfied the economic prong of the domestic industry requirement.