Following up on our November 22, 2016, post, the Commission issued a Notice of its Final Decision in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries For Power Tool Products Containing Same, And Power Tool Products With Lithium-Ion Batteries Containing Same, Inv. No. 337-TA-951.  As previously discussed, the oral argument in front of the Commission in this investigation was the first in nearly a decade.

The Commission determined (1) to reverse the ALJ’s finding that Respondents do not induce infringement, and holding that the record evidence fails to support that Respondents had a good faith belief of non-infringement; (2) to affirm the ALJ’s finding that Respondents’ laches defense fails on the merits but vacating and taking no position on the legal question of whether laches is an available defense at the Commission; and (3) to vacate and take no position on the ALJ’s finding that Complainants established the existence of a domestic industry under 19 U.S.C. § 1337(a)(3)(C) with respect to one of its licensees.

The public version of the Commission’s Opinion providing the rationale for its decisions is not yet available.

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Vishal Khatri is an intellectual property lawyer with more than 15 years of experience representing clients in high stakes, bet-the-company patent litigation and procurement matters around the world. He routinely represents clients in matters before U.S. district courts, the United States International Trade Commission (ITC), and the United States Patent and Trademark Office (USPTO), including Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).