ITC Provides Procedure For Rare Oral Argument

As noted in our May 16, 2016, post, the ITC will be conducting a live Section 337 hearing before the Commission for the first time in nearly a decade. In a notice issued on October 11, 2016, the Commission indicated that the November 17, 2016, hearing will be limited to the issues of laches, contributory infringement, and the public interest. The Commission also provided details regarding the format of the hearing process:

The hearing will consist of two panels. The first panel will be limited to the parties (i.e., complainants, respondents, and the IA), who will be given an opportunity to comment on the issues identified above based upon the record in this investigation. A representative for each of the private parties and the IA may present opening remarks not lasting more than 10 minutes. After the opening remarks, the Commissioners may ask questions of the panelists. This is a public hearing; confidential business information ("CBI") should not be discussed.