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ARTICLE · 22 SEPTEMBER 2021

Accelerating Patent Eligibility Decisions At The ITC

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The 100-day program has had some success, primarily for the early investigation of domestic industry allegations.

United StatesIntellectual Property
Eric Fues
Eric Fues
Ryan McDonnell
Ryan McDonnell
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The United States International Trade Commission's (ITC or Commission) new Interim Initial Determination (Interim ID) pilot program will address case-dispositive, or at least very substantial, issues prior to an Administrative Law Judge (ALJ) holding a full hearing on all issues in a Section 337 investigation. The pilot program bridges the gap between the ITC's 100-day program for early case disposition, and the summary determination stage of an ITC case.

The 100-day program has had some success, primarily for the early investigation of domestic industry allegations. But it has been used much less often for patent-related issues, even though the majority of Section 337 investigations involve patent infringement allegations. Also, in contrast with the prevalence of pleadings-stage rulings in district court patent cases, relatively few ITC investigations have been resolved by summary determination.

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