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ARTICLE · 25 NOVEMBER 2014

ALJ Lord Amends Ground Rules To Permit Reply Briefs

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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On November 17, 2014, Administrative Law Judge Dee Lord amended her Ground Rules to permit parties filing motions to file a reply brief without first seeking leave from the ALJ.

United StatesIntellectual Property
Daniel Hampson
Daniel Hampson
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On November 17, 2014, Administrative Law Judge Dee Lord amended her Ground Rules to permit parties filing motions to file a reply brief without first seeking leave from the ALJ. This presents a significant change in motions practice before ALJ Lord that differentiates her motions practice from the procedures used by the other Administrative Law Judges at the U.S. International Trade Commission (USITC).

By way of background, under the Commission's rules, "[t]he moving party shall have no right to reply, except as permitted by the administrative law judge or the Commission." 19 C.F.R. § 210.15. The practice at the ITC before the other ALJs is that a party seeking to file a reply brief must file a separate motion seek permission to file a reply brief. The moving party must show good cause for the granting of the right to file a reply brief, and attach the proposed reply brief to the motion for permission to reply. The non-moving party to the underlying motion then has

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