ITC Concludes Early Disposition Program Not Appropriate for Subject Matter Eligibility and Domestic Industry

ITC Concludes Early Disposition Program Not Appropriate for Subject Matter Eligibility and Domestic Industry

In a recent order, the Commission denied Respondents’ request to use the Early Disposition Program because the issue of domestic industry was too complex to be resolved within 100 days and it was not clear that an early ruling on subject matter eligibility would be dispositive with respect to all of the asserted claims.

Default Determination Highlights The Importance Of Alleging Every Element

Default Determination Highlights The Importance Of Alleging Every Element

In Certain Carbon Spine Board Devices, Inv. No. 337-TA-1008, the ITC investigated Complainant Laerdal’s allegations of section 337 violations based on the infringement of certain U.S. patents, copyrights, trade dresses and trademarks.  The ITC determined to issue a limited exclusion order to some, but not all of the respondents, and a cease and desist order to one respondent.  But the Commission also found that certain of Laerdal’s allegations relating to trade dress and copyright infringement were not adequately plead to support a violation of Section 337 which reduced the scope of the granted remedy.