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....
by Jones Day's ITC Litigation Team | Mar 29, 2019 | Evidentiary Issues, Expert Witnesses
In a recent Order, ALJ Bullock granted Respondents’ motion in limine to exclude a published article written by a former district court judge who previously served as Complainant’s economic expert. In re Certain Memory Modules...
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...
by Jones Day's ITC Litigation Team | Aug 30, 2018 | Evidentiary Issues, Expert Witnesses
In Diebold Nixdorf, Inc. v. ITC, the Federal Circuit reversed the ITC’s finding of a Section 337 violation based on the ITC’s reliance on unrebutted expert testimony. Diebold, No. 17-2553 (Fed. Cir. Aug. 15, 2018). The case is an...
by Jones Day's ITC Litigation Team | Jan 19, 2018 | Evidentiary Issues, Motion Practice
In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively, “Fujifilm”) motion to strike...
by Jones Day's ITC Litigation Team | Jan 10, 2017 | Domestic Industry, Evidentiary Issues, Importation Requirement
In a recent summary determination order, ALJ Bullock found that complainants cannot always rely on circumstantial evidence to satisfy the Section 337 importation requirement. Certain Height-Adjustable Desk Platforms and Components Thereof, 337-TA-1125,...