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ARTICLE · 19 MAY 2021

ITC's New Pilot Program To Speed Investigations Merely Another Bite Of The 100-Day Pilot Program Apple?

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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Over the last decade, patent litigation has exploded at the International Trade Commission ("ITC"), which has caused the ITC to seek out ways to increase efficiency. Several years ago, ...

United StatesIntellectual Property
Daniel Weinger
Daniel Weinger
Kara Grogan
Kara Grogan
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Over the last decade, patent litigation has exploded at the International Trade Commission ("ITC"), which has caused the ITC to seek out ways to increase efficiency.  Several years ago, the ITC introduced an early 100-Day pilot program to dispose of dispositive issues early on in investigations. While now a mainstay, the 100-Day pilot program is rarely utilized. Now, the ITC has announced a new pilot program that if invoked will require the presiding Administrative Law Judges ("ALJs") to hold an early hearing and issue an early initial determination ("ID") on "fewer than all issues" in a Section 337 investigation. The goal of this new pilot program is ostensibly in line with the ITC's continuing goal of enhancing efficiency and judiciously deciding cases.

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