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ITC Denies Request to Use its Early Disposition Program for Domestic Industry

ITC Denies Request to Use its Early Disposition Program for Domestic Industry

by Vishal Khatri | Apr 23, 2020 | 100 Day Pilot Program, Discovery

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.

ITC Excludes Expert Testimony for Violation of Ground Rules

ITC Excludes Expert Testimony for Violation of Ground Rules

by Ryan McCrum | Jul 19, 2019 | Discovery, Evidentiary Issues

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.

ITC Permits Addition of Invalidity Defense Previously Raised By Terminated Respondent

ITC Permits Addition of Invalidity Defense Previously Raised By Terminated Respondent

by Vishal Khatri | Mar 15, 2019 | Discovery, Evidentiary Issues

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.

Disputed Material Facts Snap Complainant’s Motion for Summary Determination of Economic Prong of Domestic Industry

Disputed Material Facts Snap Complainant’s Motion for Summary Determination of Economic Prong of Domestic Industry

by Blaney Harper | Mar 8, 2019 | Discovery, Evidentiary Issues

A recent Order from ALJ McNamara is a reminder of the complexities in proving domestic industry at the ITC.

ITC Provides a Way to Work Around IPR Estoppel

ITC Provides a Way to Work Around IPR Estoppel

by David Maiorana | Oct 31, 2018 | Discovery, Trends

The ITC recently ruled that even if a respondent is estopped from raising certain invalidity challenges because it failed to raise them in a previously filed IPR, the Office of Unfair Imports Investigations Staff can raise those very same challenges during an ITC investigation.

Delay in Identifying Prior Art Prevents Their Addition to Notice of Prior Art

Delay in Identifying Prior Art Prevents Their Addition to Notice of Prior Art

by David Maiorana | Sep 20, 2018 | Discovery

The ITC allows supplementation of a party’s Notice of Prior Art in some instances, but will deny the addition of new prior art references if the party does not explain why they did not obtain the added references earlier or how the added references pertain to the asserted patents.

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The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.

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