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.
The ITC has sworn in two new Commissioners. Randolph J. Stayin was sworn in on August 23, 2019, and Amy A. Karpel was sworn in on August 26, 2019. Commissioner Stayin replaces Commissioner Broadbent, and Commissioner Karpel replaces Commissioner Williamson.
In a recently issued order, ALJ Lord denied Respondent’s motion in limine with respect to issues directed towards the weight of Complainants’ expert testimony rather than its admissibility but granted the motion with respect to previously undisclosed opinions of the expert being offered in violation of the Ground Rules.