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ITC Considers Alternative Hearing Procedures

ITC Considers Alternative Hearing Procedures

by Jones Day's ITC Litigation Team | Jun 22, 2020 | Evidentiary Issues, ITC Updates

In a recently issued order, the ITC indicated its willingness to consider case-by-case modifications to its hearing procedures in view of the ongoing COVID-19 pandemic. Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof, Inv. 337-TA-1162, Order...
ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

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....
ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

Live Testimony Remains Important in ITC Investigations

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,...
ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

ITC Excludes Expert Testimony for Violation of Ground Rules

by Jones Day's ITC Litigation Team | Jul 22, 2019 | Evidentiary Issues, Expert Witnesses

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 and...
ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

ITC Does Not Strictly Enforce the Daubert Standard for Expert Testimony

by Jones Day's ITC Litigation Team | Jul 1, 2019 | Evidentiary Issues, Expert Witnesses

In a recently issued pair of orders, ALJ Lord denied both Respondents’ and Complainants’ motions in limine to exclude certain expert testimony.  Certain Radio Frequency Microneedle Dermatological Treatment Devices and Components...
ITC Issues General Exclusion Order Based on Uncontested Evidence of Widespread Infringement

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...
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