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ITC Denies Request to Use its Early Disposition Program for Domestic Industry

ITC Denies Request to Use its Early Disposition Program for Domestic Industry

by Jones Day's ITC Litigation Team | Apr 23, 2020 | 100 Day Pilot Program, Discovery

By: Charles Lee and Vishal Khatri – On March 31, 2020, the ITC issued an order denying Respondents’ request to use the Early Disposition Program.  Certain Electronic Candle Products and Components Thereof, Inv. 337-TA-1195.  The ITC concluded that the issue of...
Ground Rules Preclude New Rebuttal Expert Opinions

Ground Rules Preclude New Rebuttal Expert Opinions

by Jones Day's ITC Litigation Team | Jun 24, 2019 | Discovery, Evidentiary Issues, Expert Witnesses, Prior Art Issues

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 testimony.  In re...
Ground Rules Preclude New Rebuttal Expert Opinions

ITC Refuses to Include in Exhibits An Email Not Timely Produced During Discovery

by Jones Day's ITC Litigation Team | Jun 7, 2019 | Discovery, Evidentiary Issues, Prior Art Issues

  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 Including Generators, Inv....
Ground Rules Preclude New Rebuttal Expert Opinions

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

by Jones Day's ITC Litigation Team | Mar 5, 2019 | Discovery, Evidentiary Issues, Motion Practice

[co-author: Robert Levent (Levent) Hergüner, Law Clerk] 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...
Ground Rules Preclude New Rebuttal Expert Opinions

ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct

by Jones Day's ITC Litigation Team | Feb 26, 2018 | Discovery, Motion Practice

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...
Ground Rules Preclude New Rebuttal Expert Opinions

ALJ Doubles Down on Compelling Depositions in the U.S.

by Jones Day's ITC Litigation Team | Jan 19, 2018 | Discovery, Motion Practice

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. Previously, ALJ McNamara granted...
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