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ITC Lets Investigation Proceed Based on Patents Likely to Expire Before Commission Review, ITC Blog

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In re Certain Color Intraoral Scanners & Related Software, Inv. No. 337-TA-1091, Order 34 (ITC Sept. 6, 2018) presents an interesting factual scenario. The schedule adopted by the ALJ had the Commission issuing a final decision a few days after the expiration of the patents at issue, so, if the case proceeded as scheduled, the final decision would come too late to be helpful to the patentee. The respondent therefore asked that the proceedings be terminated. ALJ Cheney, however, was not willing to terminate an investigation based on his prediction of what the Commission would do. He therefore denied the motion.

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