Telecom Notes

摘要

The U.S. International Trade Commission changed its rules on Section 337 patent investigations,nadopting a July proposal with minor changes. The final rule amends the ITC’s regulations to change filingndeadlines and requirements, and “address concerns that have arisen in Commission practice,” the commissionnsaid. The final rule takes effect May 20. There are new requirements for complainants. The complainantnmust specify whether it alleges injury to a domestic industry that exists or a domestic industrynthat is in the process of being established; specify whether it's requesting a general exclusion order, a limitednexclusion order, and/or cease and desist order; and identify the accused products with a clear statementnin plain English. In the proposed rule, the ITC said it would publish the plain English description innthe Federal Register institution notice, but it withdrew that requirement in response to comments. Substantialnchanges to complaints will now restart the institution period. If a complainant significantlynamends a complaint prior to institution — adding, for example, additional respondents or accused productsn— the amendment will restart the normal 30-day process for determining whether to institute an investigation.nThat responds to substantial amendments in past cases which complicated the agency’s ability to get public interest comments, placed additional demands on the commission and effectively reducednthe 30-day period that proposed respondents normally have to review the allegations against them, the ITCnsaid. Other changes included letting the commission or an administrative law judge consolidate some investigations.nThe agency limited depositions and interrogatories. Complainants will be limited to 20 factndepositions as a group, or five per respondent, whichever is more. Respondents as a group will be limitednto 20 fact depositions total. If the ITC investigative attorney is a party, he or she is limited to 10 factndepositions. Each party can serve any other party with a maximum of 175 interrogatories. The ITC requirednitself or its ALJ to issue public versions within 30 days. Some deadlines were also shortened. Thencommission will have 45 days to determine whether to review the enforcement initial determination, comparednwith 90 days now.