A recent opinion by the Commission highlights the risk for
defaulting at the ITC. The Commission reversed the ALJ's
finding of a violation as to the participating respondents but
maintained that the defaulting respondent was in violation of
Section 337 based on the allegations in the complaint. In re
Certain LED Lighting Devices, LED Power Supplies, And Components
Thereof, Inv. No. 337-TA-1081 (Jul. 23, 2019)
("Opinion").
Philips Lighting North America and Philips Lighting Holding B.V.
("Complainants") alleged multiple respondents violated
Section 337 by importing LED devices that infringed
Complainants' patents. While most respondents participated in
the investigation, MSi Lighting, Inc. failed to respond and the
Commission found them in default. After ALJ Lord issued her final
ID finding a violation of Section 337, the Commission determined to
review some of its findings, including infringement and the
economic prong of the domestic industry requirement. On review,
