In a recently issued ID, the ITC recommended the issuance of a GEO against respondents after finding that an LEO would likely be circumvented and it was difficult to identify the source of infringing goods due to a widespread pattern of violation.
The ITC recently issued an order denying Respondents’ request to use the Early Disposition Program because issues regarding ownership of the asserted patents raised in the request would require third party discovery and were too complex to be resolved within 100 days.
In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. He reasoned new evidence not presented on the ITC record may alter a term’s claim construction and, as a result, the asserted patent’s validity.
In a recent decision, ALJ McNamara held that charging fees for unreturned rental equipment qualifies as a sale, either contractually or through conversion, for purposes of Section 337.
A recent decision by ALJ Cheney illustrates how the government shutdown earlier this year effectively made this ITC investigation toothless since the two month delay made it virtually impossible that any remedy would issue before the expiration of the patents.