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ARTICLE · 14 APRIL 2016

Comments On ITC's Proposed Amendments To Rules, Including Making The 100-Day Pilot Program Permanent

Morrison Foerster
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On September 24, 2015, the ITC published a Notice of Proposed Rulemaking ("NOPR") to make several amendments to its Rules of Practice and Procedure...

United StatesIntellectual Property
Corinna J. Alanis
Corinna J. Alanis
Lynn Levine
Lynn Levine
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On September 24, 2015, the ITC published a Notice of Proposed Rulemaking ("NOPR") to make several amendments to its Rules of Practice and Procedure, including, inter alia, (1) codifying and expanding the pilot program for early resolution of potentially dispositive issues within 100 days of institution, (2) allowing for institution of multiple investigations based on a single complaint, and (3) requiring the notice of institution to specify the accused products within the scope of the investigation.  See our prior post regarding the NOPR.  Six companies and non-profit organizations, including the Intellectual Property Owners Association ("IPO"), the ITC Trial Lawyers Association ("ITCTLA"), and the ITC Working Group ("ITCWG"), submitted comments on the proposed amendments.  Comments regarding the most significant proposed rules changes are discussed below.

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