Tag Archives: ALJ

You’ve Been Served! – ITC Allows Service Through Respondents’ Amazon.com Seller Profile Pages

One advantage of filing a patent infringement complaint at the U.S. International Trade Commission (“ITC”) instead of in U.S. District Court is that a Complainant does not need to use the Hague Service Convention process or other treaty to serve the complaint on foreign entities. As explained here, recent ITC decisions expand the methods through … Continue Reading

District Court Non-Infringement Ruling Does Not Warrant Rescinding USITC Exclusion Order

In yet another decision concerning how rulings in parallel, patent challenge proceedings impact Section 337 investigations, the U.S. International Trade Commission (ITC) has refused to rescind an exclusion order issued against a defaulted party despite a district court’s summary judgment ruling that it did not infringe the patent. The investigation is Certain Beverage Brewing Capsules, … Continue Reading

USITC Remands ALJ’s Enforcement Decision to Address Infringement Issues

In an August 4, 2017 Notice, the US International Trade Commission announced that it has determined to review an administrative law judge (ALJ)’s initial determination in the enforcement proceeding in Certain Network Devices, Related Software, and Components Thereof, Inv. No. 337-TA-944 (Enforcement Proceeding).  The Commission’s notice could lead to additional rulings by the presiding ALJ (Shaw) … Continue Reading

ALJ Finds No Violation In Beverage Capsules Enforcement Proceeding And Recommends Temporary Rescission of Remedial Orders Based On U.S. District Court Judgment of Non-Infringement

On June 1, 2016, the complainant in Certain Beverage Capsules (Inv. 337-TA-929) filed a complaint with the ITC seeking enforcement of ITC remedial orders issued against a respondent (Eko Brands) that had been defaulted for failing to participate in the original investigation. The presiding administrative law judge (ALJ) has now issued his ruling finding no … Continue Reading
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