Msg. 46821 of 48237 (This msg. is a reply to
46820 by
my3sons87)
Jump:
looks like ITC hiring:
Intellectual property-based caseload remains high
The main source of the increase in workload is in IP-based matters, which increased significantly during the last five years, and are expected to remain at elevated levels. These matters have involved many high tech products, including “smartphones,” and have involved patent infringement allegations by various firms. Moreover, the range of products covered is quite broad, extending well beyond smartphones. The average number of patents at issue per investigation has also increased, further contributing to the increased workload. Additionally, the number of investigations based on trade secrets appears to be increasing.
IP-intensive industries account for over 850,000 jobs in the United States, and the Commission is a very active venue for IP-based disputes because it provides relatively quick resolution and unique relief in the form of exclusion of goods at the border. The Commission has addressed the workload increase in this area by adjusting human capital resources, increasing the number of judges and their law clerks to better ensure matters are completed in a timely manner, changing its staffing approach to reduce demands on Commission attorneys, and increasing the number of courtrooms available to accommodate trials. These efforts supplement substantial investments over the past few years in the agency’s Electronic Document Information System, allowing outside parties to file documents more efficiently via electronic submission and enhancing Commission management of the large volume of investigation-related materials.
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To adjudicate section 337 complaints, the Commission’s Administrative Law Judges (ALJs), with the assistance of their staff, conduct conferences and tri- als, issue initial determinations, and facilitate settlement agreements. The Office of Unfair Import Investigations (OUII) conducts pre-institution review of complaints, advises the Commission on institution of investigations, and participates (when appropriate) as a party to the proceedings. The determinations of the ALJs are subject to discretionary review or adoption by the Commission and the Commission’s final determinations regarding alleged section 337 violations are appealable to the CAFC. The Office of General Counsel (OGC) provides advice to the commissioners during the review process and defends the final Commission decision during any subsequent appeal.
Although the spectrum of products and intellectual property rights at issue in the Commission’s intellectual property-based import investigations is quite broad, the docket has been and will likely continue to be dominated by investigations involving the importation of sophisticated electronic devices. For example, in recent years the Commission has been a central forum in the global “smartphones war.” Indeed, there is substantial overlap between the industries that dominate the Commission’s intellectual property docket and the four industries determined in a recent Department of Commerce study to
U.S. International Trade Commission
Page 15
Budget Justification Fiscal Year 2014 | Intellectual Property-Based Import Investigations
be the most patent-intensive industries in the United States.1 The study found that these four industries account for about 850,000 jobs. Additionally, the study found that the wages of private sector workers in IP-intensive industries were 42 percent higher than workers in non-IP-intensive industries, with the difference even higher for workers in patent-intensive industries. The Commission’s IP enforcement efforts thus contribute to strengthening the United States economy and U.S. employment.
In FY 2012, the Commission also saw an increase in the number of investigations involving alleged misappropriation of trade secrets in connection with imported goods. This increase will likely continue into FY 2014. The recent focus in both the executive and legislative branches on the protection of trade secrets highlights the importance of this part of the Commission’s docket.
The Commission’s strategic goal for this area is to conduct intellectual property-based import investigations in an expeditious, technically sound, and transparent manner, and provide for effective relief when relief is warranted, to support a rules-based international trading system. The rapid resolution of IP disputes is particularly important to patent holders because the duration of patents is limited, and speed is particularly important when disputes involve high-technology products that tend to have shorter commercial product life cycles. Thus, in accordance with congressional intent, the Commission endeavors to conclude its intellectual property-based import investigations as expeditiously as possible. This has been a challenge because these investiga- tions often involve many respondents and five or more asserted patents. Nearly one-third (14 of 4 of new investigations commenced in FY 2012 involved five or more patents, and a half-dozen new investigations involved seven or more patents. The Commission has therefore taken steps toward more efficient and expeditious handling of its intellectual property-based import investigation caseload. During the year, the Commission established a working group to identify possible ways to reduce the length of investigations while adhering to statutory requirements, building sufficient factual records, and maintaining quality decision-making. This group is continuing to work on crafting proposals for the Commission’s consideration that will likely result in proposed rules amendments or procedural changes in FY 2013 and FY 2014.
The Commission also undertook several rule-making efforts in FY 2012 to promote electronic filing and reduce the cost of discovery in intellectual property-based import investigations. New rules to facilitate the early identification of potential public interest issues and subsequent development of the record on such issues were also finalized and implemented in FY 2012. The public interest inquiry, which is undertaken by the Commission when it is considering remedy, is an important element of the statute, and the Commission fully considers all public interest submissions and information on the record. In FY 2013, proposed rules regarding discovery will be finalized and the impact of these rules and the new rules regarding public interest submis- sions will be assessed by Commission personnel in FY 2014. Commission personnel also intend to conduct a survey of exclusion order holders in the
According to the ITC document the reassignment of 337-868 to Charles E. Bullock, Chief ALJ is only temporary until a new ALJ is brought on and the case reassigned permanently to a new ALJ.
If they hire a new ALJ hopefully they hire one with a wireless background. Or as they say, one skilled in the art.
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of new investigations commenced in FY 2012 involved five or more patents, and a half-dozen new investigations involved seven or more patents. The Commission has therefore taken steps toward more efficient and expeditious handling of its intellectual property-based import investigation caseload. During the year, the Commission established a working group to identify possible ways to reduce the length of investigations while adhering to statutory requirements, building sufficient factual records, and maintaining quality decision-making. This group is continuing to work on crafting proposals for the Commission’s consideration that will likely result in proposed rules amendments or procedural changes in FY 2013 and FY 2014.