ALJ Strikes Late Prior Art Disclosures, <i>ITC Blog</i>

ALJ Strikes Late Prior Art Disclosures, ITC Blog

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On January 10, 2017, Judge McNamara issued the public version of Order No. 22 in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same, Inv. 337-TA-1003, striking Respondents’ late disclosed prior art and invalidity contentions.

Pursuant to Commission Rule 210.15, Complainant Aspen Aerogels, Inc. moved to strike, and preclude the use of, information that it alleges was untimely disclosed by Respondents Guangdong Alison Hi-Tech Co., Ltd. and Nano Tech Co., Ltd.  Specifically at issue were physical samples of glass fiber that Respondents contend are embodiments of prior art references disclosed in their Notice of Prior Art, as well as Respondents’ supplemental invalidity contentions that contained new combinations of previously disclosed prior art.  In its motion, Complainant argued that, because the Notice of Prior Art was due on August 12, 2016, and final invalidity contentions were due on September 26, 2016, that both the physical samples and supplemental contentions should be stricken as they were not provided by Respondents until November 2, 2016, and October 31, 2016, respectively.

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