In a recent Enforcement Initial Determination, ALJ Shaw held that respondent had violated previously issued cease and desist orders (“CDOs”) and determined that the appropriate penalty was a fine of $210,134 – the net profit from those sales in violation of the CDOs.
In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a GEO because they concluded that a limited exclusion order LEO may be easily circumvented.
In a recent decision, the PTAB decided to institute an IPR despite that fact that a parallel ITC investigation was in its late stages. They reasoned that since ITC decisions are not binding on other forums, the ITC determination would not be enforceable as to the USPTO, and would not result in the cancellation of patent claims.
A recent decision by ALJ Cheney illustrates how the government shutdown earlier this year effectively made this ITC investigation toothless since the two month delay made it virtually impossible that any remedy would issue before the expiration of the patents.
The ITC recently denied a joint motion to terminate an investigation on the basis of settlement after ALJ Cheney held that the redactions to the public version of the settlement agreement far exceeded the permissible scope of confidential business information under the rules.