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

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

ALJ Terminates Investigation Based on Impending Expiration of Patent

by Jones Day's ITC Litigation Team | Mar 29, 2018 | Initial Determinations, Motion Practice

On February 27, 2018, Administrative Law Judge (“ALJ”) Bullock issued an Initial Determination granting Respondents’ renewed emergency motion to terminate the Investigation because the Commission will be unable to issue a final determination prior to...
An Important Reminder: Failure To Strictly Follow Ground Rules In ITC Can Have Harsh Consequences

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

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

ALJ Emphasizes Importance of Procedural Schedule

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

When Is It Too Late to Amend an ITC Complaint?

by Jones Day's ITC Litigation Team | Dec 5, 2017 | Discovery, Motion Practice

  In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846 against Respondent VIZIO,...
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