The ITC recently modified a previously issued remedial order such that certain of the Respondents’ redesigned products were not excluded from importation.
Parties considering whether to pursue litigation in a district court or the ITC should know that service against a foreign respondent is easier at the ITC.
New ITC patent rules will go into effect for all investigations instituted after June 7, 2018. The rules are likely to have an immediate impact on practitioners and litigants.
Normally, the FDA monitors the improper distribution of drugs, but the ITC might also enter the fray if complainants can demonstrate injury.
By: Vishal Khatri and Blaney Harper – The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined that the ID’s good cause (the imminent expiration of the patent) is moot since the patent is now actually expired.