Live Testimony Remains Important in ITC Investigations

Live Testimony Remains Important in ITC Investigations

In a recent order, ALJ McNamara reiterated that her Ground Rules require live direct and cross-examination testimony and any party seeking to utilize witness statements in lieu of live testimony must do so by motion. She emphasized such a motion will virtually never be granted for expert witnesses.

Inducement After Importation Actionable Under Section 337

Inducement After Importation Actionable Under Section 337

Complainants often must rely on indirect infringement to prove a violation of Section 337.  Indirect infringement may be in the form of induced or contributory infringement.  In a recent opinion, the Commission clarified issues relating to post-importation inducement and distinctions between induced and contributory infringement.  Certain Digital Video Receivers And Hardware And Software Components Thereof, Inv. No. 337-TA-1001, Commission Opinion (December 6, 2017).