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Discovery Administrative Law Judge (ALJ)

Fish & Richardson

Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims

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Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more

McDermott Will & Emery

International Trade Commission Seeks Feedback on Proposed Updates to Practice and Procedure

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The US International Trade Commission issued a Federal Register notice of proposed rulemaking related to 19 C.F.R. Parts 201, 205, 207 and 210, which govern the Commission’s Rules of Practice and Procedure. The Commission...more

Morrison & Foerster LLP

Cross-Border Discovery at the ITC

Litigants in Section 337 investigations at the International Trade Commission (“ITC”) can seek discovery from foreign third parties by means of either (1) Hague letters of request, or (2) letters rogatory. These highly...more

Proskauer - Labor Relations Update

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more

Mintz - Arbitration, Mediation, ADR...

Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. §...

The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords...more

Mintz - Intellectual Property Viewpoints

International Trade Commission ALJ Holds that Relying on Pre-Suit Testing Waives Privilege Protection

A recent order from International Trade Commission Administrative Law Judge Elliott provides helpful guidance regarding a common ITC discovery dispute: whether a party may withhold from discovery as work product pre-suit test...more

Jones Day

Live Testimony Remains Important in ITC Investigations

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When parties jointly stipulate to witness statements rather than live direct and cross examination, one might expect the ITC to be receptive to their agreement—after all, such stipulations may save time and resources for...more

Jones Day

Ground Rules Preclude New Rebuttal Expert Opinions

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Shortly before the evidentiary hearing, ALJ Lord granted Complainant’s motion in limine and excluded certain testimony in the witness statement of Respondents’ expert as precluded by her ground rules governing expert...more

Jones Day

ITC Denies Motion to Stay After Weighing Semiconductor Chips Factors

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In a recent order, the ITC denied a motion to stay after ALJ Bullock found that the balance of the Semiconductor Chips factors weighed against granting the motion. See In re Certain Memory Modules And Components Thereof, Inv....more

Jones Day

ITC Refuses to Include in Exhibits An Email Not Timely Produced During Discovery

Jones Day on

On April 8, 2019, ALJ Cheney issued an order denying the addition of an email to the exhibit list at the eve of the evidentiary hearing. Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof...more

Jones Day

ITC Allows Respondent to Amend Response to Complaint to Include Defense of Inequitable Conduct

Jones Day on

In a recently issued order, Chief ALJ Bullock granted Respondent’s motion to amend its Response to the Complaint almost nine months after the investigation had been instituted to include the defense of inequitable conduct in...more

Jones Day

ITC Permits Addition of Invalidity Defense Previously Raised By Terminated Respondent

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Administrative Law Judge (“ALJ”) McNamara’s recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In the Matter of...more

Jones Day

Disputed Material Facts Snap Complainant’s Motion for Summary Determination of Economic Prong of Domestic Industry

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In a recent order, ALJ McNamara denied Complainant SnapPower’s motion for summary determination that it satisfies the economic prong of the domestic industry requirement of 19 U.S.C. § 1337(a)(3). In re Certain Powered Cover...more

Jones Day

ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct

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In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly...more

Pierce Atwood LLP

Respondents in FERC v. Powhatan Energy Fund, LLC To Receive “Trial De Novo”

Pierce Atwood LLP on

On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more

Jones Day

ALJ Denies Inequitable Conduct “Fishing Expedition”

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In a recent order, Administrative Law Judge Lord denied Respondents CSL Behring LLC, CSL Behring GMBH, and CSL Behring Recombinant Facility AG (“CSL Behring”) motion to compel discovery from Complainants Bioverativ Inc.,...more

Jones Day

When Is It Too Late to Amend an Answer to an ITC Complaint?

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We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order...more

Jones Day

When Is It Too Late to Amend an ITC Complaint?

Jones Day on

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

Jones Day

ALJ Doubles Down on Compelling Depositions in the U.S.

Jones Day on

ALJ McNamara recently confirmed and tightened her previous order compelling depositions of certain Japanese witnesses in the United States. Certain Digital Cable And Satellite Products, Inv. No. 337-TA-1049, Order No. 14. ...more

Jones Day

Diagrams Not Considered Source Code Under Modified Protective Order

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In a recent Order, ALJ McNamara clarified that while diagrams drawn by an expert depicting the interplay and hierarchy of relevant code modules, inputs, and outputs of source code are to be treated as confidential business...more

Jones Day

Respondents Sanctioned For Discovery Violation

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On September 28, 2017, in Certain Carbon and Alloy Steel Products; Inv. No. 337-TA-1002, ALJ Lord issued the public version of her order requiring Respondents Wuhan Iron and Steel Group Corp., Wuhan Iron and Steel Co., Ltd.,...more

Jones Day

CALJ Denies Motion to Supplement Expert Reports

Jones Day on

In Certain Integrated Circuits with Voltage Regulators and Products Containing Same; Inv. No. 337-TA-1024, Chief ALJ Bullock recently denied a motion by Complainant R2 Semiconductor, Inc. to take additional discovery and...more

Jones Day

Cover All Your Bases in ITC Discovery

Jones Day on

Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016 (May 31, 2017), is a good lesson in covering all your bases. Relying on a non-infringement decision by ALJ Pender, respondents assumed that they did...more

Proskauer - Government Contractor Compliance...

OFCCP Sues Google, Seeking Pay Data

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks...more

Nutter McClennen & Fish LLP

FERC Investigations: Uncertainty Rules as More Entities Challenge in Federal Court: Insights from Nutter’s Matt Connolly

Legal Update - Matt Connolly, a senior associate in Nutter’s Litigation Department, addressed Federal Energy Regulatory Commission (FERC) investigations in Nutter Insights. Matt discussed what triggers a FERC...more

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