Topic Archives: ALJ Decisions

Light-emitting Diode
August 18, 2016ALJ Decisions

Light-Emitting Diode Products: Sanctions Imposed for Violation of Discovery Orders

Illustrating the dangers of non-compliance with ITC discovery orders, Administrative Law Judge MaryJoan McNamara, on May 9, 2016, issued the public version of her sanctions order against two of the respondents in Light-Emitting Diode Products, Inv. No. 947. The two respondents violated discovery orders by producing more than 1,000 pages of documents shortly before the evidentiary hearing. ...›

May 6, 2016ALJ Decisions

Activity Tracking Devices – Update: Judge Lord Finds Remaining Patents Invalid Under Section 101

On April 27, Judge Dee Lord found the two remaining Jawbone patents in the 963 Investigation (Certain Activity Tracking Devices, Systems, and Components Thereof) invalid under Section 101. The two patents subject to this Initial Determination were family members of one of the patents Judge Lord found invalid on March 3, a decision the Commission adopted on April 4. ...›

October 12, 2015ALJ Decisions

Access Denied: Foreign Experts and Third-Party Source Code

Administrative Law Judge Theodore Essex recently issued an order denying foreign experts access to third-party source code. Specifically, Judge Essex upheld non-party Microsoft Corporation’s (“Microsoft”) objections and precluded the disclosure of source code and other confidential business information (“CBI”) to experts located in France retained by complainants NXP B.V. and NXP Semiconductor USA, Inc. (collectively, “NXP”). ...›

September 28, 2015ALJ Decisions

A Chilly Reception for Section 101 Challenges at the ITC

Outside of the ITC, defendants have been increasingly successful in challenging the patentability of asserted claims under Section 101. Recent decisions by the Supreme Court and the Federal Circuit have clarified, and arguably narrowed, the scope of patentable subject matter, and have repeatedly urged district courts to resolve any Section 101 defenses as soon as possible. ...›