Indefinite Patent at the ITC May Survive in District Court

Indefinite Patent at the ITC May Survive in District Court

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.

The ITC Swears In Two New Commissioners

The ITC Swears In Two New Commissioners

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.