ALJ Bullock recently denied Respondent’s motion for summary determination of non-infringement because the motion was based on an incorrect interpretation of his claim construction. Based on the dispute between the parties as to the meaning of the claim term, ALJ Bullock revisited his claim construction to clarify what he meant.
ALJ Bullock recently issued an opinion striking portions of Complainant’s expert report related to certain test results not included in Complainant’s responses to contention interrogatories, but made an exception for test results related to alternative designs that were not disclosed by Respondent until the end of fact discovery.
When One Door Closes, Another Opens: Court Of International Trade Issues a Preliminary Injunction of Customs’ Exclusion of Redesigned Garage Door Openers
The Court of International Trade (“CIT”) and U.S. Customs and Border Protection (“Customs”) are key players in the enforcement of exclusion orders issued by the ITC. This recent ruling from the CIT granting a preliminary injunction against Customs’ exclusion of redesigned products highlights the importance of bringing all available redesigns to the attention of the ITC during the original investigation.
The Federal Circuit held that once the ITC institutes an investigation, it cannot reconsider the adequacy of the complaint. So in the case of a defaulting respondent, the Commission has to rule against them and go to the relief phase.
Economic investments and activities related to patented pre-commercial and non-commercial articles can meet the ITC’s domestic industry requirement.