Indefinite Patent at the ITC May Survive in District Court

Indefinite Patent at the ITC May Survive in District Court

In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. He reasoned new evidence not presented on the ITC record may alter a term’s claim construction and, as a result, the asserted patent’s validity.

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Defaulting Respondent Left Holding the Bag

Defaulting Respondent Left Holding the Bag

A recent opinion by the Commission highlights the risk for defaulting at the ITC – the Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was in violation of Section 337 based on the allegations in the complaint.

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