Latest News On The ITC's 100-Day Early Disposition Program

In a recent ruling, the Commission made clear that public interest issues are not suitable for resolution through the ITC's 100-day Early Disposition Pilot Program.  Specifically, the Commission declined to employ the program to determine "whether the asserted patents were standards-essential and are encumbered by mandatory licensing obligations giving rise to public interest concerns."  Certain Industrial Control System Software, Systems Using Same, and Components Thereof, Inv. No. 337-TA-1020, Order Denying Request for Entry into Early Disposition Pilot Program (Sept. 13, 2016).  Additionally, the Commission recently designated another investigation for a 100-day decision by the administrative law judge ("ALJ") on the issue of whether the economic domestic industry requirement has been met.