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.
In a recent order, ALJ Cheney denied Respondents’ attempt to supplement its exhibit list to include an email produced five months after the close of discovery, indicating a party’s obligation to supplement its discovery under Commission Rule 210.27(f) did not give it a right to have tardy discovery included on an exhibit list, introduced at an evidentiary hearing, or admitted into evidence.