by Jones Day's ITC Litigation Team | Jan 6, 2020 | Commission Opinions, Invalidity, Patent Eligible Subject Matter
In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that the asserted claims of U.S. Patent No. 9,045,871 (the ’871 patent) are invalid as directed to an abstract idea. Certain Road Construction Machines &...
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 | May 13, 2019 | Commission Opinions, Infringement, Initial Determinations
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] In an earlier post related to this investigation (here), we discussed the ITC’s recommendation that a general exclusion order issue for products infringing Complainant National Products...
by Jones Day's ITC Litigation Team | Apr 25, 2019 | Commission Opinions, Initial Determinations, Invalidity
The ITC issued a final determination in a long-running dispute between Sony and Fujifilm. Certain Magnetic Tape Cartridges And Components Thereof, Inv. No. 337-TA-1058, Notice Of A Commission Final Determination (March 25, 2019). This investigation...
by Jones Day's ITC Litigation Team | Apr 12, 2018 | Commission Opinions, Exclusion Order Modification, Exclusion Orders
In a recent Opinion, the Commission continued the practice of including its usual certification provision in the Limited Exclusion Order despite the complainant’s request for a more restrictive certification provision. In re Certain Composite Aerogel...
by Jones Day's ITC Litigation Team | Dec 12, 2017 | Commission Opinions, Estoppel, Invalidity
The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and Appeal Board (PTAB)...
