In a recent Order, the ITC denied Respondents’ request to use the ITC’s Early Disposition Program which allows the ALJ to decide within 100 days certain case dispositive issues while staying discovery of any remaining issues.
On March 16, 2019, the ITC implemented a temporary change to filing procedures in light of the global COVID-19 pandemic. The ITC will temporarily waive and amend its rules that require the filing of paper copies, CD-ROMs, and other physical media in section 337 investigations. All filings, including new complaints, will be done electronically instead.
In a recently issued Commission Opinion, the ITC applied the Federal Circuit’s rule in Lelo emphasizing that a quantitative analysis must be performed in order to determine whether a complainant has satisfied the economic prong of the domestic industry requirement.
The ITC recently issued an order denying Respondents’ request to use the Early Disposition Program because issues regarding ownership of the asserted patents raised in the request would require third party discovery and were too complex to be resolved within 100 days.
In a recently issued Initial Determination, ALJ McNamara ruled that beer containers imported into the U.S. satisfied the domestic industry requirement because the Complainants were able to show significant domestic value-add with the use of expert testimony.