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.
On April 1, 2019, Chairman David S. Johanson announced that Judge Cameron Elliot has joined the U.S. International Trade Commission (“ITC”) as an Administrative Law Judge (“ALJ”). ALJ Elliot joins ALJs Bullock, Shaw, Lord, McNamara, and Cheney as the sixth ALJ at the ITC.
The ITC recently issued a Seizure and Forfeiture Order in response to an attempted importation of “ink cartridges and components thereof” subject to a General Exclusion Order (“GEO”) issued May 26, 2016.
2018 marked one of the busiest fiscal years at the International Trade Commission (“ITC”). It is currently handling more active investigations than ever before. The government shutdown may affect this trend in 2019.
Notices recently issued by ALJ Bullock indicate that ALJ Pender “has returned to the Commission” and certain previously assigned investigations were therefore reassigned to him.