Don’t Try to Enforce Forum Selection Clauses at the ITC
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.
ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct
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 Precludes Reliance on New Domestic Industry Products
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.
ALJ Emphasizes Importance of Procedural Schedule
In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively, “Fujifilm”) motion to strike Complainants Sony Corporation, Sony Storage Media Solutions, Sony Storage Media Manufacturing Corporation, Sony DADC US Inc., and Sony Latin America Inc. (collectively, “Sony”) amended and supplemental identification of accused products and to preclude Sony from adding such products to the investigation. Certain Magnetic Tape Cartridges and Components Thereof, Inv. 337-TA-1058, Order 14.
ALJ Denies Inequitable Conduct “Fishing Expedition”
In a recent order, Administrative Law Judge Lord denied Respondents CSL Behring LLC, CSL Behring GMBH, and CSL Behring Recombinant Facility AG (“CSL Behring”) motion to compel discovery from Complainants Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC (“Bioverativ”) related to CSL Behring’s affirmative defense of inequitable conduct. Certain Recombinant Factor IX Products, Inv. No. 337-TA-1066, Order No. 11.