ALJ Cites to Ground Rules and Requires Parties to Focus Case Theories
In a recently issued order, ALJ McNamara relied on her Ground Rules to require the parties to focus on their best theories by limiting the number of asserted claims and the number of prior art references relied upon for invalidity.
ALJ Severs Investigation for Efficient Adjudication Pursuant to 19 C.F.R. § 210.14(h)
In a recent decision, ALJ Cheney determined that severance of an investigation was necessary for efficient adjudication of the issues raised in the Complaint. The rule permitting severance went into effect June 7, 2018 and has not been utilized as much as some initially thought.
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.
ITC Grants Request for Carve-Out in Limited Exclusion Order With Certification Provision
A recent decision from the ITC highlights the difficulties that can arise with the enforcement of a Limited Exclusion Order (LEO) and how the inclusion of a certification provision in an LEO can be used to permit importation of non-infringing redesigns.
Returns Count as Sales under Section 337
In a recent decision, ALJ McNamara held that charging fees for unreturned rental equipment qualifies as a sale, either contractually or through conversion, for purposes of Section 337.