ITC Announces New Administrative Law Judge Cameron Elliot
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] On April 1, 2019, Chairman David S. Johanson announced that Judge Cameron Elliot has joined the U.S. International Trade Commission (“ITC”) as an Administrative Law Judge...
ITC Clarifies Claim Construction in View of Motion for 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...
Journal Article by an Expert Is Excluded As Improper Expert Testimony or Declaration
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...
ITC Permits Addition of Invalidity Defense Previously Raised By Terminated Respondent
[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...
An Important Reminder: Failure To Strictly Follow Ground Rules In ITC Can Have Harsh Consequences
[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...