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ARTICLE · 06 DECEMBER 2017

When Is It Too Late To Amend An ITC Complaint?

Jones Day
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In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC's motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454...

United StatesIntellectual Property
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In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC's motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846 against Respondent VIZIO, Inc. Certain Graphic Systems, Components Thereof, And Consumer Products Containing The Same, Inv. No. 337-TA-1044, Order 32.

Complainants filed their original complaint on January 24, 2017, which they amended before institution to accuse LG, VIZIO, MediaTek, and SDI of infringing United States Patent Nos. 7,633,506 and 7,796,133. The amended complaint also accused LG and MediaTek of infringing the '454 and the '846 patents—but not VIZIO. Complainants were subsequently granted leave to file two more amendments to the complaint that added a certificate of correction to an asserted patent and MStar, a subsidiary of MediaTek, as a respondent. On July 19, 2017, Complainants moved for leave to file a Fourth Amended Complaint

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