Circumstantial Evidence Can Help You Satisfy The Importation Requirement…But Only Under The Right Circumstances
In a recent summary determination order, ALJ Bullock found that complainants cannot always rely on circumstantial evidence to satisfy the Section 337 importation requirement because, without actual importation records, such evidence may not be sufficient to prove that a respondent actually shipped an infringing product.
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.