In a long-awaited decision, a split panel of the Federal Circuit confirmed on May 1, 2019, that the Court has ordinary appellate jurisdiction to review the non-institution decision as a “final decision” by the ITC under § 1295(a)(6).
On April 1, 2019, Chairman David S. Johanson announced that Judge Cameron Elliot has joined the U.S. International Trade Commission (“ITC”) as an Administrative Law Judge (“ALJ”). ALJ Elliot joins ALJs Bullock, Shaw, Lord, McNamara, and Cheney as the sixth ALJ at the ITC.
While ALJ McNamara’s recent order suggests that respondents may be permitted to add defenses in the midst of discovery if the complainant is aware of the defense, it remains important for respondents to coordinate with co-respondents so the pleadings reflect all applicable defenses as soon as possible.
In addition to stopping the importation of infringing articles, ITC remedies can be used to prevent certain domestic activities, including preventing the importation of replacement parts for domestic service and repair activities, and preventing the sale of articles already existing in domestic inventory.
2018 marked one of the busiest fiscal years at the International Trade Commission (“ITC”). It is currently handling more active investigations than ever before. The government shutdown may affect this trend in 2019.