ALJ Finds No Misappropriation of Trade Secrets

ALJ Finds No Misappropriation of Trade Secrets

On September 22, 2016, Judge Lord issued the public version of her initial determination in Certain Activity Tracking Devices, Systems, and Components Thereof, Inv. No. 337-TA-963, finding no violation of Section 337. If upheld by the Commission, Judge Lord’s ruling marks a rare denial of relief for allegations based on misappropriation of trade secrets.

ITC Declines to Consider If Laches is Available as a Defense

ITC Declines to Consider If Laches is Available as a Defense

On July 26, 2016, the Commission issued an Opinion in Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944, declining an opportunity to clarify whether a laches defense is available in ITC proceedings. The ITC found a violation of Section 337 based on the infringement of three asserted patents and issued a limited exclusion order and cease and desist order. Of note, the Commission reviewed the Initial Determination (“ID”) findings related to a laches defense and found that the evidence presented falls short of the high burden of demonstrating unreasonable delay, but declined to reach the legal issue of whether laches was available as a defense in the ITC.