A recent opinion by the Commission highlights the risk for defaulting at the ITC – the Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was in violation of Section 337 based on the allegations in the complaint.
In a recent decision, ALJ McNamara held that charging fees for unreturned rental equipment qualifies as a sale, either contractually or through conversion, for purposes of Section 337.
In a recent decision, the PTAB decided to institute an IPR despite Patent Owner’s claims that Petitioner engaged in gamesmanship and asserted references and combinations that were cumulative of each other by relying on several prior art references that were at issue in the IPR petitions to prove invalidity in the ITC.
A recent ITC decision illustrates how prosecution history estoppel works to limit design patent infringement claims, expanding significantly on the 2014 Pacific Coast decision by the Federal Circuit.
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.
In a recently issued pair of orders, ALJ Lord denied both Respondents’ and Complainants’ motions in limine to exclude certain expert testimony based on concerns regarding qualifications and admissibility because there was no danger of jury confusion.