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Practice Areas

IPR Infringement Investigation Rules Updated

Monday, April 30, 2018
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has issued a final rule updating its rules of practice and procedure governing its section 337 intellectual property rights infringement investigations. The ITC states that among the most notable changes in this rule, which will take effect for investigations instituted 30 days after the rule’s publication in the Federal Register, are the following.

- requiring the notice of investigation to specify in plain language the scope of the accused products or category of accused products

- formally establishing a 100-day proceeding to provide for expedited discovery, fact-finding, and determinations if the ITC, at institution, identifies a potentially investigation-dispositive issue (this approach was developed during a pilot program initiated in 2013)

- clarifying that the ITC may institute multiple investigations based on a single complaint where necessary for efficient adjudication

- allowing the administrative law judge to sever an investigation into two or more investigations at any time prior to or upon 30 days from institution based on either (a) a motion by any party or (b) the ALJ’s own judgment that severance is necessary to allow efficient adjudication

- bringing the ITC’s subpoena practice into closer conformity with the Federal Rules of Civil Procedure

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