Our Website Uses Cookies 

We and the third parties that provide content, functionality, or business services on our website may use cookies to collect information about your browsing activities in order to provide you with more relevant content and promotional materials, on and off the website, and help us understand your interests and improve the website.

For more information, please contact us or consult our Privacy Notice.

Your binder contains too many pages, the maximum is 40.

We are unable to add this page to your binder, please try again later.

This page has been added to your binder.

How The New ITC Rules Change Litigation Strategy

June 7, 2018, Managing Intellectual Property

Daniel Valencia is quoted in a Managing Intellectual Property article regarding new ITC rules that will significantly impact litigation strategies. Commenting on the changes, Valencia says, "If anything, they’ll help create additional certainty about how the game is played at the ITC."

One important rule will now allow the Commission and administrative law judges to split cases into separate investigations. Valencia says, "If the ITC got through the high water mark of caseloads in the late 2000s, it can certainly handle the one it has now, even if that includes splitting cases." According to Valencia, another small rule change relates to subpoena procedure. "Previously there was some ambiguity as to how the ITC should handle subpoenas, and this answers the question. We should be handling them the way district courts do." The new rule brings the ITC’s subpoenas in line with the Federal Rules of Civil Procedure.

Share this article: