USITC Issues Two More Decisions On Requests For Early Disposition
Tuesday, February 20, 2018

Activity continues apace in the ITC’s pilot program for early disposition, with two more decisions issued in the past few weeks.  On January 19, the ITC issued a notice instituting an investigation in Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same, Inv. No. 337-TA-1097 that also designated the investigation for early disposition on the economic prong of the domestic industry requirement.  The presiding Administrative Law Judge (Judge Lord) subsequently scheduled a hearing for March 22, 2018, and has set a May 4, 2018, deadline for her decision (Order No. 3).  Among its requirements, the procedural schedule mandates a number of initial disclosures, including a chart of domestic industry contentions, for which it provides a suggested template.  On February 14, the ITC determined not to use the early disposition pilot program in Certain Microfluidic Systems, Inv. No. 337-TA-1100, stating that “the issues –inventorship, ownership, and standing – may be too complex to be decided within 100 days of institution.”

For more on the ITC’s pilot program, see our prior posts (herehere and here).

 

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