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.
The Commission recently found that the record evidence established direct infringement of method of use claims because there was sufficient circumstantial evidence of actual use by others.
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.