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)...
by Jones Day's ITC Litigation Team | Nov 3, 2017 | Claim Construction, Federal Circuit Appeals, Invalidity
In response to the Federal Circuit’s reversal of the ITC’s indefiniteness and invalidity finding, the Commission remanded the investigation to ALJ with instructions to issue an ID within 30 days. Background Two years ago in Certain Wireless...
by Jones Day's ITC Litigation Team | Oct 10, 2017 | Claim Construction, Invalidity, Motion Practice
In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation, and invited Respondents to file a...
by Jones Day's ITC Litigation Team | Mar 28, 2017 | Invalidity, Prior Art Issues
Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the ITC does not...
