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ARTICLE · 27 JULY 2018

Not All Complainants Need Standing

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In a recent order, ALJ Lord highlighted that standing requirements at the ITC differ from those in federal courts.

United StatesIntellectual Property
Daniel Kazhdan
Daniel Kazhdan
Vishal Khatri
Vishal Khatri
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In a recent order, ALJ Lord highlighted that standing requirements at the ITC differ from those in federal courts. At the ITC, only one complainant needs to demonstrate standing. See Certain Road Construction Machines & Components Thereof, Inv. No. 337-TA-1088.

In this investigation, Caterpillar Paving Products Inc. ("CPPI"), a subsidiary of Caterpillar Inc. ("Caterpillar"), together filed a complaint against a number of Wirtgen companies ("Wirtgen") alleging that Wirtgen infringed certain patents. The patents, related to road-construction machines such as asphalt pavers, were owned by CPPI. Because the patents were owned by CPPI and not Caterpillar, Wirtgen moved to dismiss Caterpillar for lack of standing. If successful, Wirtgen hoped to preclude CPPI from relying on Caterpillar's activities as a basis for domestic industry.

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