Don’t Try to Enforce Forum Selection Clauses at the ITC
A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses.
Don’t Wait For Service Under the Federal Rules – Go to the ITC
Parties considering whether to pursue litigation in a district court or the ITC should know that service against a foreign respondent is easier at the ITC.
ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct
In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly violating previous discovery-related Order 17.
ALJ Emphasizes Importance of Procedural Schedule
In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively, “Fujifilm”) motion to strike Complainants Sony Corporation, Sony Storage Media Solutions, Sony Storage Media Manufacturing Corporation, Sony DADC US Inc., and Sony Latin America Inc. (collectively, “Sony”) amended and supplemental identification of accused products and to preclude Sony from adding such products to the investigation. Certain Magnetic Tape Cartridges and Components Thereof, Inv. 337-TA-1058, Order 14.
ALJ Denies Inequitable Conduct “Fishing Expedition”
In a recent order, Administrative Law Judge Lord denied Respondents CSL Behring LLC, CSL Behring GMBH, and CSL Behring Recombinant Facility AG (“CSL Behring”) motion to compel discovery from Complainants Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC (“Bioverativ”) related to CSL Behring’s affirmative defense of inequitable conduct. Certain Recombinant Factor IX Products, Inv. No. 337-TA-1066, Order No. 11.
ALJ Doubles Down on Compelling Depositions in the U.S.
ALJ McNamara recently confirmed and tightened her previous order compelling depositions of certain Japanese witnesses in the United States. Certain Digital Cable And Satellite Products, Inv. No. 337-TA-1049, Order No. 14.