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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.

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