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ARTICLE · 29 APRIL 2020

ITC Denies Request To Use Its Early Disposition Program For Domestic Industry

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On March 31, 2020, the ITC issued an order denying Respondents' request to use the Early Disposition Program.

United StatesIntellectual Property

On March 31, 2020, the ITC issued an order denying Respondents' request to use the Early Disposition Program.  Certain Electronic Candle Products and Components Thereof, Inv. 337-TA-1195.  The ITC concluded that the issue of domestic industry was too complex to be resolved within 100 days.

Under 19 C.F.R. § 210.10(b)(3), the Early Disposition Program is intended to allow the ALJ to decide within 100 days certain dispositive issues in an attempt to limit unnecessary litigation, saving time and costs for all parties involved.  If ordered by the Commission, the ALJ is required to issue an initial determination within 100 days of institution of the investigation.  The ALJ is permitted to hold hearings on the designated issue and to stay discovery of any remaining issues during the pendency of the proceeding.

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