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4 Things To Know About New ITC Rules For Patent Cases

May 16, 2018, Law360

Daniel Valencia is quoted in a Law360 article regarding new ITC rules for intellectual property cases that take effect next month. Commenting on the provision that gives the commission and individual administrative law judges the authority to sever one case into two or more, Valencia says, "Going forward, we will see litigants and judges looking at investigations and cases that are filed with an eye toward whether there would be efficiencies gained by splitting up the case." He adds that the rule shows  "the commission is trying to preserve its role as being a speedy forum that leads to fairly quick adjudication and resolution."

The new rules will also make the 100-day program official. Valencia says that making it official "is another acknowledgment of the importance of expedience in resolving disputes."

In addition, the new rules provide that the ITC can file more documents online, which may seem mundane but will be very helpful to attorneys, Valencia remarks. "One of the frustrations of litigation at the ITC is access to the commission's documents." He adds, "I think this is a very positive step towards getting all the documents in real time," though he notes that members of the public not involved in the case will still have to wait to access the ITC's full opinions.

The rules also allow parties that receive subpoenas to file objections in addition to motions to quash them, bringing the ITC in line with the Federal Rules of Civil Procedure and meaning that "there's now less ambiguity" in how subpoenas are handled, Valencia says.

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