ITC Invalidates Road Paving Machine Patent for Being An Abstract Idea
In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that asserted claims directed to a road paving machine with an adjustable screed assembly were invalid as directed to an abstract idea.
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.
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.