by Jones Day's ITC Litigation Team | Oct 3, 2019 | Invalidity, Prior Art Issues
Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers. Their statutorily mandated 18-month schedule oftentimes allows the PTAB to resolve a question of patent validity...
by Jones Day's ITC Litigation Team | Sep 26, 2019 | Initial Determinations, Motion Practice
A recent Initial Determination (“ID”) by ALJ Cheney illustrates how the government shutdown earlier this year effectively made this ITC investigation “toothless” since relief was not practicable before the patents would expire. Certain...
by Jones Day's ITC Litigation Team | Sep 11, 2019 | Evidentiary Issues, Exclusion Orders, General Exclusion Orders, Infringement
In a recent opinion, the ITC found that four defaulting respondents violated section 337 and that a general exclusion order (GEO) was the appropriate remedy for unlicensed products. Certain LED Lighting Devices and Components Thereof, Inv. No....
by Jones Day's ITC Litigation Team | Aug 28, 2019 | ITC Updates
The ITC has sworn in two new Commissioners. Randolph J. Stayin was sworn in on August 23, 2019, and Amy A. Karpel was sworn in on August 26, 2019. The Senate confirmed both Stayin and Karpel on August 1, 2019, and they replace two Commissioners...
by Jones Day's ITC Litigation Team | Jul 25, 2019 | Evidentiary Issues
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 everyone involved. However,...
