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ARTICLE · 11 JUNE 2019

ITC Refuses To Include In Exhibits An Email Not Timely Produced During Discovery

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On April 8, 2019, ALJ Cheney issued an order denying the addition of an email to the exhibit list at the eve of the evidentiary hearing.

United StatesIntellectual Property
Yang Li Ph.D. (Alex)
Yang Li Ph.D. (Alex)
Ryan B. McCrum
Ryan B. McCrum
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On April 8, 2019, ALJ Cheney issued an order denying the addition of an email to the exhibit list at the eve of the evidentiary hearing. Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators, Inv. 337-TA-1110, Order No. 33. We have previously reported on this investigation (here).

In our previous post, we reported that the ALJ denied Respondents' Motion to Supplement their Notice of Prior Art to include several non-patent publications because the Respondents did not explain why these references were not obtained earlier or how these references pertained to the asserted patents.

At issue in this instance is an email produced on January 22, 2019 by Respondents Jubilant DraxImage, Inc., Jubilant Pharma Limited, and Jubilant Life Sciences Limited (collectively "Jubilant") – five months after the close of fact discovery. On March 29, 2019, right before the evidentiary hearing, Jubilant moved for leave to supplement its

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