In another example of why defaulting at the ITC can be a dangerous strategy, the ITC recently found all eight named respondents in default and concluded a general exclusion order (GEO) was the appropriate remedy.
In a recent order, ALJ Lord granted Complainant’s motion in limine and excluded certain expert testimony as precluded by her ground rules because the testimony included more than a short statement of disagreement and amounted to the introduction of new substantive opinions that were not previously disclosed.
ITC Concludes Early Disposition Program Not Appropriate for Subject Matter Eligibility and Domestic Industry
In a recent order, the Commission denied Respondents’ request to use the Early Disposition Program because the issue of domestic industry was too complex to be resolved within 100 days and it was not clear that an early ruling on subject matter eligibility would be dispositive with respect to all of the asserted claims.
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.
The ITC recently issued a Seizure and Forfeiture Order in response to an attempted importation of “ink cartridges and components thereof” subject to a General Exclusion Order (“GEO”) issued May 26, 2016.