Despite a brief hiatus stemming from the government shutdown,
2019 has already been a very busy year in Section 337 practice at
the U.S. International Trade Commission. Two administrative law
judges considered whether the public interest weighed against
remedial orders in two separate but related proceedings, and each
ALJ reached a different conclusion.
This year has also seen ITC developments related to the impact
of Patent Trial and Appeal Board proceedings, the domestic industry
requirement and the commission's authority to decline to
institute an investigation. This two-part series will discuss
meaningful ITC developments in 2019, spanning from ALJ rulings to
U.S. Court of Appeals for the Federal Circuit guidance.
