Even Unrebutted Experts Need To Do More Than Make Conclusory Assertions, ITC Blog

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In Diebold Nixdorf, Inc. v. ITC, the Federal Circuit reversed the ITC’s finding of a Section 337 violation based on the ITC’s reliance on unrebutted expert testimony. Diebold, No. 17-2553 (Fed. Cir. Aug. 15, 2018). The case is an important reminder that an ALJ may find that an expert’s conclusory testimony, even if unrebutted, carries little weight.

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