Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademarks are not entitled to preclusive effect.
Commission Defers to PTAB’s Invalidation of a Single Claim in an Otherwise Blanket Affirmance of the ALJ’s Initial Determination
While it is uncommon for the ITC to consider patentability determinations from the PTAB before all appeals have been exhausted, in this recently issued Final Determination, they suspended enforcement of an LEO and CDO as to a particular patent claim pending final resolution of the PTAB’s Final Written Decision.
In a recent Order, ALJ Bullock granted Respondents’ motion in limine to exclude a published article written by a former district court judge who previously served as Complainant’s economic expert because the article violated his Ground Rules governing expert testimony and identifying declarations as not admissible as substantive evidence.
Disputed Material Facts Snap Complainant’s Motion for Summary Determination of Economic Prong of Domestic Industry
A recent Order from ALJ McNamara is a reminder of the complexities in proving domestic industry at the ITC.