Commission Holds Section 337 Oral Argument

Following up on our previous post, on November 17th, the ITC held an oral argument in front of a packed hearing room in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries For Power Tool Products Containing Same, And Power Tool Products With Lithium-Ion Batteries Containing Same, Inv. No. 337-TA-951. The oral argument was notable in that it was the first the Commission has held for a Section 337 investigation in nearly a decade.

The Case

On February 29, 2016, the ALJ issued his ID finding a violation of Section 337 based on the importation of products that infringe U.S. Patent Nos. 6,677,082 and 6,680,143. The ALJ found that the respondents, Umicore N.V. and Umicore USA, Inc., did not induce infringement because there was insufficient evidence of specific intent to infringe. However, with respect to contributory infringement, the ALJ held that intent is presumed as the accused products did not have any substantial non-infringing uses. On