In a recently issued order, the ITC indicated its willingness to consider case-by-case modifications to its hearing procedures in view of the ongoing COVID-19 pandemic – including implementing procedures regarding witness statements, objections, and possible depositions in lieu of an in-person evidentiary hearing.
A recent opinion by the ITC reiterates that a violation of Section 337 can be based on infringement of a method claim that occurs after importation of the relevant article.
Recent statistics reflect that the ITC continues to be an attractive venue for IP litigation. FY 2019 had a decrease in the number of complaints filed but trends to-date in FY 2020, suggest minimal disruption in the number of filings due to COVID-19.
In a recent Order, the ITC denied Respondents’ request to use the ITC’s Early Disposition Program which allows the ALJ to decide within 100 days certain case dispositive issues while staying discovery of any remaining issues.
In a recently issued Initial Determination, ALJ McNamara ruled that beer containers imported into the U.S. satisfied the domestic industry requirement because the Complainants were able to show significant domestic value-add with the use of expert testimony.