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A co-pending ITC Section 337 investigation virtually guarantees that Patent Trial and Appeal Board PTAB will exercise its discretionary power to deny institution under 35 U.S.C. §§ 314(a) and 324(a) when considering a petition for inter partes review IPR or post-grant review PGR.
To print this article, all you need is to be registered or login on Mondaq.com. Earlier today, the U.S. International Trade Commission (ITC) announced a pilot program that will allow Administrative Law Judges (ALJs) to issue interim Initial Determinations (IDs) on fewer than all issues in Section 337 investigations. The announcement can be found here. The pilot program is part of the ITC's ongoing efforts to expeditiously resolve Section 337 investigations, either through resolution of issues on the merits or by facilitating settlement. The pilot program will apply to ...