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.
Commission Defers to PTAB’s Invalidation of a Single Claim in an Otherwise Blanket Affirmance of the ALJ’s Initial Determination
While it is uncommon for the ITC to consider patentability determinations from the PTAB before all appeals have been exhausted, in this recently issued Final Determination, they suspended enforcement of an LEO and CDO as to a particular patent claim pending final resolution of the PTAB’s Final Written Decision.
In addition to stopping the importation of infringing articles, ITC remedies can be used to prevent certain domestic activities, including preventing the importation of replacement parts for domestic service and repair activities, and preventing the sale of articles already existing in domestic inventory.