On March 16, 2019, the ITC implemented a temporary change to filing procedures in light of the global COVID-19 pandemic. The ITC will temporarily waive and amend its rules that require the filing of paper copies, CD-ROMs, and other physical media in section 337 investigations. All filings, including new complaints, will be done electronically instead.
In a recent decision, the PTAB decided to institute an IPR despite that fact that a parallel ITC investigation was in its late stages. They reasoned that since ITC decisions are not binding on other forums, the ITC determination would not be enforceable as to the USPTO, and would not result in the cancellation of patent claims.
The Federal Circuit recently vacated part of its decision from three months ago, which held that “the Commission’s trademark decisions, like its patent decisions, do not have preclusive effect.”
The ITC has sworn in two new Commissioners. Randolph J. Stayin was sworn in on August 23, 2019, and Amy A. Karpel was sworn in on August 26, 2019. Commissioner Stayin replaces Commissioner Broadbent, and Commissioner Karpel replaces Commissioner Williamson.
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.