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.
While it is uncommon for the ITC to permit the addition of defenses late into an investigation, in the right circumstances, ALJs may make an exception. In this investigation, Chief ALJ Bullock permitted Respondents to add the defense of inequitable conduct in prosecuting the asserted patents almost nine months after the investigation had been instituted.
Earlier this week, the ITC announced that, by operation of law, David S. Johanson became Chairman of the Commission on June 17, 2018.
