ITC Begins Pilot on Partial ALJ Rulings to Expedite Section 337 Investigations
The International Trade Commission is beginning a pilot program to allow its administrative law judges to issue partial interim initial determinations on key issues in Section 337 investigations, rather than having to decide on all issues at once, the ITC said on its website. Intended to expedite Section 337 proceedings, the pilot program will apply to all investigations instituted on or after May 12, 2021, and “to investigations instituted prior to that date at the discretion of the presiding ALJ,” the ITC said.
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“Under this pilot program, the presiding ALJ in an investigation will be able to hold an evidentiary hearing and receive briefing on one or more discrete issues prior to the main evidentiary hearing, in order to fully develop the factual record to resolve those discrete issues,” the ITC said. “Such issues may include, but are not limited to, infringement, patent invalidity, patent eligibility, standing, or satisfaction of the domestic industry requirement. The ALJ will issue an interim ID on these discrete issues, which will then be subject to petitions for review and responses thereto and prompt Commission decisions on whether to review the interim ID and resolution of any review.”
“It is expected that interim ID issues will be case-dispositive, or will resolve significant issues in advance of the main evidentiary hearing, and could facilitate settlement or otherwise resolve the entire dispute between the parties,” the ITC said. “As such, the ALJ may exercise discretion to suspend the procedural schedule, including discovery, as to remaining issues during the Commission review period.”