Navigating the complexities of the
Let's recap some key takeaways from two of the event's most impactful sessions.
Analyzing the Most Significant ITC Cases of 2023
2023's ITC Investigation Activity
WIT's President,
The discussion kicked off with insights from WIT's inaugural ITC report, which offers a look into last year's ITC filings. 2023 marked a significant downturn in overall numbers as there was a total of 37 filed investigations (down from 54 the prior year), and only 27 truly "new" investigations filed with IP that had not been previously seen before the Commission.
ping deeper, Connelly highlighted that despite the low overall number of investigations, WIT found that the number of non-patent unfair acts that were claimed last year was equal to or higher than the previous year (depending on the specific act). And to further analyze these disputes, WIT created proprietary categorizations that offer a more nuanced look at ITC matters when compared to the ITC's broader classifications in IDS and found that the most active areas focused mainly on networking/wireless and life sciences.
For a full look at this data, download our 2023 year-end ITC report, which offers key insights into technology trends, YoY statistics, patents at issue, judge assignments, and more.
Download the Report
Notable ITC Cases
Following an analysis of investigation statistics, the discussion then pivoted to assess the year's most prominent ITC cases, with a focus on Masimo v
The case is currently at the appeal stage at the Federal Circuit, with the latest significant activity being the filing of
The discussion also touched on the Ericsson v
These investigations are crucial for discussion as they emphasize the complexities and strategic importance of patent litigation in the technology sector, showcasing the critical role of expert testimony in 337 investigations. These disputes underline the necessity for highly specialized expertise in fields like SEP policy and FRAND terms, demonstrating how expert insights can crucially impact the outcomes of disputes over technology standards and patent enforcement.
Fireside Chat with the ITC's Administrative Law Judges (ALJs)
ACI welcomed three of the ITC's distinguished judges on stage for a fireside chat to offer insights on their preferences when presiding over investigations. Let's take a quick look at some thoughts from Chief Judge
Chief
When asked how to improve expert processes and procedures in ITC investigations, CALJ Cheney highlighted the essentiality of explaining to your associates what the role of an expert truly entails, including how their testimony fits into the Federal Rules of Evidence. He remarked that the role of the expert is to explain evidence of record and that he sees confusion amongst those in the patent area of the judicial system surrounding what experts are and are not needed. Overall, he feels that a good fact witness can make or break a case, especially in the domestic industry area.
ALJ Johnson Hines on Emphasis in Organizational Brief Structure
When asked how counsel can improve the use of emphasis in organizational briefs, ALJ Johnson Hines passionately spoke about her preferences on fonts, images, and more. Specifically, she prefers photos, bulleted lists, and proper labeling in briefings rather than creating emphasis through bold, italicized, or underlined text. Further, if you can identify what issues are and are not at the center of the dispute and indicate that in the brief, she finds that to be incredibly helpful.
ALJ McNamara on Direct Expert Examinations
When asked about her preferences regarding expert examinations, ALJ McNamara stated that she will always prefer direct, live, and in-person testimonies as they display the expert's knowledge, proving they aren't just "hired guns". In real-time, she feels that experts perform differently than they do when signing off on counsel's testimony. In her words, she has seen such good in-person expert testimony that it has swayed her opinion on a case.
For a full look at each of the ALJ's insights, contact us to learn more.
As part of our ITC report series, we provide a detailed view of each of the judges' investigations and focus areas while highlighting their behaviors and backgrounds. Most recently, WIT's ITC Practice Team examined statistics across numerous categories and compiled insights to create a report that offers an exclusive look at ALJ Monica Bhattacharyya. For a full look at this data, download the report below. Next in this series, we will be covering CALJ Cheney. Subscribe to our mailing list to get notified about its release.
Download the Report
How WIT's Experts Can Assist in ITC Investigations
At WIT, we understand that ITC Investigations can be highly nuanced and have engaged with experts who possess a deep understanding of the major industries and technologies at issue before the Commission. Our ITC Practice features sector-specific teams of technical experts, knowledgeable industry veterans, and skilled specialists in code review and analysis. These experts are dedicated to achieving the best outcomes for our clients, providing comprehensive support through every stage of the investigation process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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