Activity continues apace in the ITC’s pilot program for early disposition, with two more decisions issued in the past few weeks. On January 19, the ITC issued a notice instituting an investigation in Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same, Inv. No. 337-TA-1097 that also designated the investigation for early disposition on the economic prong of the domestic industry requirement. The presiding Administrative Law Judge (Judge Lord) subsequently scheduled a hearing for March 22, 2018 and has set a May 4, 2018 deadline for her decision (Order No. 3). Among its requirements, the procedural schedule mandates a number of initial disclosures, including a chart of domestic industry contentions, for which it provides a suggested template. On February 14, the ITC determined not to use the early disposition pilot program in Certain Microfluidic Systems, Inv. No. 337-TA-1100, stating that “the issues –inventorship, ownership, and standing – may be too complex to be decided within 100 days of institution.”

For more on the ITC’s pilot program, see our prior posts (here, here and here).