In Align Technology, Inc. v. Int’l Trade Comm’n, 2013-1240 (Fed. Cir., July 18, 2014), the Federal Circuit held that the Commission’s decision to terminate Inv. No. 337-TA-562 based on the Commission’s review of a non-final ALJ order exceeded the Commission’s authority.  Specifically, the Commission’s decision overturned an order by former ALJ Rogers denying ClearCorrect’s motion to terminate an enforcement proceeding into whether ClearCorrect Operating LLC (“ClearCorrect”) breached a 2006 agreement with Align Technology, Inc. (“Align”) not to import products protected by Align’s U.S. patents.  Align argued, and the Federal Circuit agreed, that ALJ Rogers’ ruling was a non-final order, and thus not subject to review by the Commission, unless the respondents moved for an interlocutory appeal, which they did not.  The Federal Circuit found that the Commission exceeded its authority under Rule 210.24 by reviewing the ALJ order – which was not an initial determination – denying and not granting a motion to terminate the investigation.  The Federal Circuit also noted that although the Commission could have amended or waived its rules to review the ALJ order for good reason, the Commission never attempted to do so.