The U.S. International Trade Commission changed its rules...
The U.S. International Trade Commission changed its rules on Section 337 patent investigations, adopting a July proposal with minor changes. The final rule amends the ITC’s regulations to change filing deadlines and requirements, and “address concerns that have arisen in…
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Commission practice,” the commission said. The final rule takes effect May 20. There are new requirements for complainants. The complainant must specify whether it alleges injury to a domestic industry that exists or a domestic industry that is in the process of being established; specify whether it’s requesting a general exclusion order, a limited exclusion order, and/or cease and desist order; and identify the accused products with a clear statement in plain English. In the proposed rule, the ITC said it would publish the plain English description in the Federal Register institution notice, but it withdrew that requirement in response to comments. Substantial changes to complaints will now restart the institution period. If a complainant significantly amends a complaint prior to institution -- adding, for example, additional respondents or accused products -- the amendment will restart the normal 30-day process for determining whether to institute an investigation. That responds to substantial amendments in past cases which complicated the agency’s ability to get public interest comments, placed additional demands on the commission and effectively reduced the 30-day period that proposed respondents normally have to review the allegations against them, the ITC said. Other changes included letting the commission or an administrative law judge consolidate some investigations. The agency limited depositions and interrogatories. Complainants will be limited to 20 fact depositions as a group, or five per respondent, whichever is more. Respondents as a group will be limited to 20 fact depositions total. If the ITC investigative attorney is a party, he or she is limited to 10 fact depositions. Each party can serve any other party with a maximum of 175 interrogatories. The ITC required itself or its ALJ to issue public versions within 30 days. Some deadlines were also shortened. The commission will have 45 days to determine whether to review the enforcement initial determination, compared with 90 days now.