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Redesign Cleared Following Adverse Initial Determination

In an dispute involving garage door openers, Respondent successfully utilized a Modification Proceeding pursuant to 19 U.S.C. § 1337(k) to obtain a determination from the ITC that its redesigned product did not infringe the...more

ITC Modifies Filing Procedures Due to COVID-19

On March 16, 2019, the ITC implemented a temporary change to filing procedures in light of the global COVID-19 pandemic. The accompanying notice stated that the ITC will temporarily waive and amend its rules that require the...more

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. Certain Light-Emitting Diode Products, Systems, and Components...more

ITC Denies Termination Following Excessive Redactions to Settlement Agreement

The ITC recently denied a joint motion to terminate an investigation on the basis of settlement after the parties failed to meet the requisite conditions. See In re Certain Child Carriers and Components Thereof, Inv. No....more

PTAB Determines Parallel ITC Record Did Not Create Tactical Advantage

In a recent decision, the PTAB decided to institute inter partes review (“IPR”) of U.S. Patent No. 7,937,394 B2 despite Patent Owner’s claims that Petitioner engaged in gamesmanship and asserted references and combinations...more

ITC Grants Summary Determination Against Defaulting Respondents and Issues GEO

In another example of why defaulting at the ITC can be a dangerous strategy, the ITC recently found all eight named respondents in default and concluded a general exclusion order (GEO) was the appropriate remedy. Since the...more

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