September 15, 2021
Westlaw Today
The United States International Trade Commission’s (ITC or Commission) new Interim Initial Determination (Interim ID) pilot program will address case-dispositive, or at least very substantial, issues prior to an Administrative Law Judge (ALJ) holding a full hearing on all issues in a Section 337 investigation. The pilot program bridges the gap between the ITC’s 100-day program for early case disposition, and the summary determination stage of an ITC case.
The 100-day program has had some success, primarily for the early investigation of domestic industry allegations. But it has been used much less often for patent-related issues, even though the majority of Section 337 investigations involve patent infringement allegations. Also, in contrast with the prevalence of pleadings-stage rulings in district court patent cases, relatively few ITC investigations have been resolved by summary determination.
This article outlines the Interim ID program and explores its application in an area of patent law that has experienced explosive growth over the last decade, namely patent eligibility challenges under Section 101. This patent law issue, with its focus on the patent claims and specification and involving relatively few factual issues, is well suited for targeted discovery and legal review under the ITC’s new program.
Read the full version of "Accelerating Patent Eligibility Decisions at the ITC" here.
©2021 Thomson Reuters. Originally published by Westlaw Today. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Webinar
Obviousness of Biologics Inventions: Strategies for Biologics Claims in the U.S., Europe, and China
May 28,2024
Webinar
Webinar
Building a Strong ADC Patent Portfolio – From Prosecution and Litigation Perspectives
May 15, 2024
Webinar
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.