Cover All Your Bases In ITC Discovery

Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016 (May 31, 2017), is a good lesson in covering all your bases.  Relying on a non-infringement decision by ALJ Pender, respondents assumed that they did not need to present an invalidity case, and they failed to take certain relevant discovery.  When Judge Pender's decision was reversed by the Commission, they tried to get that discovery.  Judge Pender ruled that it was too late.

The Chamberlain Group, Inc. ("CGI") alleged that a group of respondents infringe three U.S. Patents including U.S. Patent No. 7,161,319.  All the claims of the '319 Patent require a "wall console."  Respondents argued at the Markman hearing, and Judge Pender agreed, that "wall console" should be construed as "a wall-mounted control unit including a passive infrared detector."  Order No. 13 (Jan. 26, 2017).  The parties stipulated to non-infringement under that construction and Judge Pender so ordered.  Order No. 23