by Jones Day's ITC Litigation Team | Dec 23, 2019 | Claim Construction, Federal Circuit Appeals, Invalidity
[co-author: Charles Lee] In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. Hyosung TNS, Inc. v....
by Jones Day's ITC Litigation Team | Nov 15, 2019 | Commission Opinions, Default, Exclusion Orders
A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was in violation of Section 337...
by Jones Day's ITC Litigation Team | Oct 31, 2019 | Carveout, Exclusion Order Modification, Exclusion Orders, Motion Practice
In a recent Initial Determination (“ID”), ALJ McNamara indicated that the inclusion of a certification provision in the Limited Exclusion Order (“LEO”) was warranted to allow the respondent to import non-infringing redesigns. In re...
by Jones Day's ITC Litigation Team | Oct 28, 2019 | Importation Requirement, Remedial Orders
From a conceptual standpoint, one might think there is a difference between selling an item and charging for a leased item that was never returned. However, a recent decision from the ITC held that charging fees for unreturned rental equipment qualifies...
by Jones Day's ITC Litigation Team | Oct 10, 2019 | Exclusion Orders, General Exclusion Orders, Infringement
In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a general exclusion order (“GEO”). Certain Self-Anchoring Beverage Containers, Inv. 337-TA-1092, Comm’n Op....
