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.
The ITC is generally not willing to terminate an investigation even if it is likely the Commission won’t issue a final decision until after the expiration of the patents at issue.
A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses.
In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly violating previous discovery-related Order 17.
ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis
In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met. Certain Non-Volatile Memory Devices and Products Containing Same, Inv. No. 337-TA-1046, Order No. 26. Although the order is heavily redacted, Judge Lord’s analysis appears to focus on the fact that the products relied upon to meet the domestic industry requirement were not manufactured until after the date the complaint was filed.
ALJ Bullock’s order emphasizes the importance for complainants and respondents to quickly obtain the necessary facts during discovery and react to such information in a timely manner.