by Jones Day's ITC Litigation Team | Jul 8, 2020 | Exclusion Orders, Initial Determinations, Motion Practice, Redesign
In an dispute involving garage door openers, Respondent successfully utilized a Modification Proceeding pursuant to 19 U.S.C. § 1337(k) to obtain a determination from the ITC that its redesigned product did not infringe the asserted patent. After an...
by Jones Day's ITC Litigation Team | Oct 31, 2019 | Carveout, Exclusion Order Modification, Exclusion Orders, Motion Practice
In a recent Initial Determination (“ID”), ALJ McNamara indicated that the inclusion of a certification provision in the Limited Exclusion Order (“LEO”) was warranted to allow the respondent to import non-infringing redesigns. In re...
by Jones Day's ITC Litigation Team | Sep 26, 2019 | Initial Determinations, Motion Practice
A recent Initial Determination (“ID”) by ALJ Cheney illustrates how the government shutdown earlier this year effectively made this ITC investigation “toothless” since relief was not practicable before the patents would expire. Certain...
by Jones Day's ITC Litigation Team | Jun 3, 2019 | Motion Practice
In a recently issued order, Chief ALJ Bullock granted Respondent’s motion to amend its Response to the Complaint almost nine months after the investigation had been instituted to include the defense of inequitable conduct in prosecuting the asserted patents....
by Jones Day's ITC Litigation Team | Apr 5, 2019 | Claim Construction, Motion Practice, Summary Determination
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] In an order recently made public, Chief Administrative Law Judge (“ALJ”) Bullock denied Respondent Hitachi Koki USA, Limited’s motion for summary determination of non-infringement because...
by Jones Day's ITC Litigation Team | Mar 18, 2019 | Invalidity, Motion Practice, Prior Art Issues
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] Administrative Law Judge (“ALJ”) McNamara’s recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In the...
