Product Prototype Built Abroad Satisfies Domestic Industry Requirement

Product Prototype Built Abroad Satisfies Domestic Industry Requirement

In a recently issued Initial Determination, ALJ Lord ruled that investments and R&D activities related to a product prototype built in Italy satisfied the domestic industry requirement as substantial investment in engineering, research and development under Section 337(a)(3)(C), without the need for a comparison between foreign and domestic investments.

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ITC Announces New Administrative Law Judge Cameron Elliot

ITC Announces New Administrative Law Judge Cameron Elliot

On April 1, 2019, Chairman David S. Johanson announced that Judge Cameron Elliot has joined the U.S. International Trade Commission (“ITC”) as an Administrative Law Judge (“ALJ”).  ALJ Elliot joins ALJs Bullock, Shaw, Lord, McNamara, and Cheney as the sixth ALJ at the ITC.

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ITC Clarifies Claim Construction in View of Motion for Summary Determination

ITC Clarifies Claim Construction in View of Motion for Summary Determination

ALJ Bullock recently denied Respondent’s motion for summary determination of non-infringement because the motion was based on an incorrect interpretation of his claim construction. Based on the dispute between the parties as to the meaning of the claim term, ALJ Bullock revisited his claim construction to clarify what he meant.

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