ITC Allows Respondent to Amend Response to Complaint to Include Defense of Inequitable Conduct, ITC Blog
While it is uncommon for the ITC to permit the addition of defenses late into an investigation, in the right circumstances, ALJs may make an exception. In this investigation, Chief ALJ Bullock permitted Respondents to add the defense of inequitable conduct in prosecuting the asserted patents almost nine months after the investigation had been instituted.
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