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ARTICLE · 09 MAY 2012

ITC Ruling May Presage Return Of Sanctions Proceedings

Duane Morris LLP
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U.S. International Trade Commission (ITC) Administrative Law Judge Thomas B. Pender (ALJ) recently imposed sanctions on Apple due to the intentional misrepresentations of fact in the opening statement and briefing.

United StatesInternational Law
Duane Morris
Duane Morris
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U.S. International Trade Commission (ITC) Administrative Law Judge Thomas B. Pender (ALJ) recently imposed sanctions on Apple due to the intentional misrepresentations of fact in the opening statement and briefing.1 This sua sponte ruling indicates an increased willingness by the ITC to police alleged misconduct, and may potentially embolden litigants to independently seek sanctions.

The ALJ characterized Apple's attempt to "blame the misrepresentation" on a combination of a miscommunication with an associate and the press of litigation as "the legal equivalent to 'the dog ate my homework excuse.'"2 The ALJ expressly concluded that "without sufficient or credible reason or excuse, [Apple] misrepresented the facts and its intentions to Complainant and me and therefore caused additional confusion, expenditures, delay, and increased the potential for injustice."3

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