Originally published in Law360, New York (July 02, 2012, 12:55 PM ET)
The date for response to contention interrogatories in U.S. International Trade Commission Section 337 procedural schedules has traditionally served as a safe harbor. By setting a date well into the discovery period for contention interrogatories, the responding party bearing the burden of proof has the opportunity to obtain the information outside of its control necessary to respond without facing a motion to compel.
The classic paradigm is complainant’s infringement contention claim charts, which may only be completed after obtaining detailed information on the accused products. Two recent rulings, however, are part of an emerging body of authority that calls into question the continuing utility of requesting a date certain for responses to contention interrogatories.
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