Circumstantial Evidence Can Help You Satisfy The Importation Requirement…But Only Under The Right Circumstances

Circumstantial Evidence Can Help You Satisfy The Importation Requirement…But Only Under The Right Circumstances

In a recent summary determination order, ALJ Bullock found that complainants cannot always rely on circumstantial evidence to satisfy the Section 337 importation requirement because, without actual importation records, such evidence may not be sufficient to prove that a respondent actually shipped an infringing product.

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.