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ARTICLE · 21 OCTOBER 2016

ITC Institutes 100-Day Pilot Program Proceeding In Silicon Wafers Investigation

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On October 19, 2016, the Commission issued a notice instituting an investigation in Certain Silicon-On-Insulator Wafers, Inv. No. 337-TA-1025.

United StatesIntellectual Property
Jones Day'S ITC Team
Jones Day'S ITC Team
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On October 19, 2016, the Commission issued a notice instituting an investigation in Certain Silicon-On-Insulator Wafers, Inv. No. 337-TA-1025. The Commission ordered the presiding administrative law judge to hold an early evidentiary hearing pursuant to the 100-day pilot program on whether the Complainant satisfies the economic prong of domestic industry.

The 100-Day Pilot Program

The pilot program, which is pending codification pursuant to a notice of proposed rulemaking issued in September 2015, provides for the early adjudication of potentially case-dispositive issues. Currently, the process is initiated by the Commission in the notice of investigation. The Commission proposed broadening the pilot program in its notice of proposed rulemaking by allowing administrative law judges to institute proceedings for early determination of dispositive issues. Pursuant to the Commission's notice of investigation, the ALJ issues a procedural schedule including expedited

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