Patents, Administrative Law Judge (ALJ), Evidence

Inaction Can Lead To Argument Forfeiture on Appeal

Knobbe Martens on 3/26/2025

ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing party’s discovery obligation violation...more

Latest Federal Court Cases - September 2022

Schwabe, Williamson & Wyatt PC on 9/7/2022

INVT SPE LLC v. Int’l Trade Comm’n, Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022) - In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/3/2021

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

ITC 337 Quarterly Insider Q2 2020

Goodwin on 8/26/2020

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

ALJ Cites to Ground Rules and Requires Parties to Focus Case Theories

Jones Day on 12/9/2019

In a recently issued order, ALJ McNamara relied on her Ground Rules to require the parties to limit their cases and focus on their best theories. Certain Rotating 3-D Lidar Devices, Components Thereof and Sensing Systems...more

ITC Excludes Expert Testimony for Violation of Ground Rules

Jones Day on 7/22/2019

In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents’ motion in limine to exclude certain testimony of Complainants’ expert. Certain Radio Frequency Microneedle Dermatological Treatment Devices...more

ITC Permits Addition of Invalidity Defense Previously Raised By Terminated Respondent

Jones Day on 3/18/2019

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

An Important Reminder: Failure To Strictly Follow Ground Rules In ITC Can Have Harsh Consequences

Jones Day on 3/5/2019

Citing gamesmanship and a failure to follow the Ground Rules, Chief Administrative Law Judge (“ALJ”) Bullock recently issued an opinion striking portions of Complainant’s expert report. Certain Blow-Molded Bag-In-Container...more

Commission Cleans Up Remedies for Robotic Vacuum Cleaners

Jones Day on 2/15/2019

While it is well understood that the ITC can issue an exclusion order to stop the importation of articles found to infringe a patent, it is not as well known that such orders can also prevent certain domestic activities. A...more

Establishing Domestic Industry Based on Future Products

Jones Day on 8/15/2018

In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists. As a result, he denied respondent’s motion to strike...more

Instructional Materials Not Always Sufficient to Show Induced Infringement

Jones Day on 10/11/2017

In a recent Initial Determination, Administrative Law Judge Shaw concluded that the Complainant’s reliance on marketing and instructional materials was not sufficient to prove inducement of infringement of a claimed method....more

Cover All Your Bases in ITC Discovery

Jones Day on 6/7/2017

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

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