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Commission Continues Use of Standard Certification Provision Even When Finding That All Accused Products Infringe

In a recent Opinion, the Commission continued the practice of including its usual certification provision in the Limited Exclusion Order despite the complainant’s request for a more restrictive certification provision. In re...more

ALJ Terminates Investigation Based on Impending Expiration of Patent

On February 27, 2018, Administrative Law Judge (“ALJ”) Bullock issued an Initial Determination granting Respondents’ renewed emergency motion to terminate the Investigation because the Commission will be unable to issue a...more

Clark S. Cheney Joins ITC

Chairman Rhonda Schmidtlein announced that Judge Clark S. Cheney has joined the U.S. International Trade Commission (“ITC”) as an Administrative Law Judge (“ALJ”). ALJ Cheney joins ALJs Bullock, Pender, Shaw, Lord, and...more

ALJ Emphasizes Importance of Procedural Schedule

In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively,...more

Commission to Weigh in on IPR Estoppel

The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and...more

Federal Circuit Upholds ITC Exclusion Order

In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No....more

ALJ Finds Violation in Mobile Device Holders Investigation

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

Commission Overturns Summary Determination in Optical Fibers Investigation

In an earlier post, we summarized ALJ McNamara’s recent Summary Determination in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031, Order No. 33 (July 6,...more

R&D Based Domestic Industry Questions Remain

As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards...more

Can PTAB Decision Not to Institute IPR Tank Invalidity Defense In ITC?

Judge McNamara determined to reopen the record after the hearing and take judicial notice of two PTAB decisions denying institution of IPR challenges of the asserted patents in Certain Composite Aerogel Insulation Materials...more

ALJ: Complainant Can Rely Entirely On Licensee’s Activities For DI Requirement

As a follow up to our previous post, Judge McNamara has issued the public version of her Initial Determination pursuant to the 100-day Pilot Program proceeding on domestic industry in Certain Silicon-On-Insulator Wafers, Inv....more

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