In a recent Enforcement Initial Determination, ALJ Shaw held that respondent had violated previously issued cease and desist orders (“CDOs”) and determined that the appropriate penalty was a fine of $210,134 – the net profit from those sales in violation of the CDOs.
In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a GEO because they concluded that a limited exclusion order LEO may be easily circumvented.
A recent decision by ALJ Cheney illustrates how the government shutdown earlier this year effectively made this ITC investigation toothless since the two month delay made it virtually impossible that any remedy would issue before the expiration of the patents.
In a recent opinion, the ITC found that four defaulting respondents violated section 337 and that a general exclusion order (GEO) was the appropriate remedy for unlicensed products.
In another example of why defaulting at the ITC can be a dangerous strategy, the ITC recently found all eight named respondents in default and concluded a general exclusion order (GEO) was the appropriate remedy.
The Commission recently found that the record evidence established direct infringement of method of use claims because there was sufficient circumstantial evidence of actual use by others.