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Discovery International Trade Commission (ITC)

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: Looking Beyond Inventory Numbers to Secure a Cease and Desist Order

The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a showing that a respondent had a “commercially...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

Jones Day

PTAB Does Not Provide a Supplemental Discovery Venue

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Following the grant of institution of a recent IPR petition in the matter of Satco Products, Inc. v. The Regents of the University of California, IPR2021-00662, Paper 26 (PTAB Feb. 11, 2022) concerning U.S. Patent No....more

Planet Depos, LLC

Proposed SECRETS Act of 2021: What To Know

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There has been a recent increase in the volume of complaints filed with the International Trade Commission – to be specific, in complaints alleging misappropriation of trade secrets and their unauthorized use in imports to...more

Kerr Russell

What To Know About The US International Trade Commission

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The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make...more

McDermott Will & Emery

Significant Third-Party Discovery Too Complex for ITC Early Disposition Program

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The US International Trade Commission (ITC) denied a proposed respondent’s request to use the early disposition program to determine whether a complainant met the domestic industry requirement in a Section 337 investigation....more

Fish & Richardson

ITC Litigation: How Discovery in the ITC is Different from Federal Court

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As we previously discussed in our post outlining the timeline of a typical Section 337 investigation, discovery proceeds very quickly. It commences the day after the Notice of Investigation is published in the Federal...more

Jones Day

ITC Denies Request for Early Disposition That Requires Third Party Discovery

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The ITC recently issued an order denying Respondents’ request to use the Early Disposition Program. Certain Wireless Communication Devices and Related Components Thereof, Inv. 337-TA-1180 (October 10, 2019). The Commission...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

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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

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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

Don’t Wait For Service Under the Federal Rules – Go to the ITC

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One of the advantages of bringing a dispute to the ITC is the ease with which service of process can be accomplished against foreign respondents. Unlike in district court, the rules at the ITC merely require that the ITC mail...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

Jones Day

Inducement After Importation Actionable Under Section 337

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Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...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?

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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.

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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

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