The Commission recently found that the record evidence established direct infringement of method of use claims because there was sufficient circumstantial evidence of actual use by others.
In a recent Order, ALJ Bullock granted Respondents’ motion in limine to exclude a published article written by a former district court judge who previously served as Complainant’s economic expert because the article violated his Ground Rules governing expert testimony and identifying declarations as not admissible as substantive evidence.
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.
A recent Order from ALJ McNamara is a reminder of the complexities in proving domestic industry at the ITC.
ALJ Bullock recently issued an opinion striking portions of Complainant’s expert report related to certain test results not included in Complainant’s responses to contention interrogatories, but made an exception for test results related to alternative designs that were not disclosed by Respondent until the end of fact discovery.
In addition to stopping the importation of infringing articles, ITC remedies can be used to prevent certain domestic activities, including preventing the importation of replacement parts for domestic service and repair activities, and preventing the sale of articles already existing in domestic inventory.