ITC Issues Final Rule on Public Interest Issues in Patent Investigations
The International Trade Commission has issued a final rule, effective November 18, 2011, amending its Rules of Practice and Procedure in order to gather more information on public interest issues arising from complaints requesting institution of patent based investigations under Section 337 of the Tariff Act of 1930.
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Meant to Develop More Complete Public Interest Info at Each Investigation Stage
The intended effect of the final rule is to aid ITC in identifying investigations that require further development of public interest issues in the record, and to identify and develop more complete information regarding the public interest at each stage of the investigation.
ITC states the final rule does not change its substantive practice with respect to its consideration of the public interest factors in its determinations relating to the appropriate remedy.
Highlights of the final rule’s requirements are as follows:
- Separate public interest statements. Complainants will not be required to include public interest information in the complaint, but they will have to file a separate statement of public interest concurrently with the complaint. The final rule also adds a list of issues that a complainant should address in its public interest statement. Respondents must also issue a separate statement of public interest in response to the complaint.
- ITC preinstitution notice will seek public interest comments. A new provision allows for responses to an ITC preinstitution Federal Register notice that will solicit comments on the public interest eight calendar days after publication.
- Decision to delegate public interest to ALJ based on comments. 19 CFR 210.10(b) has been be amended to indicate that the comments received during the pre-institution period are the general basis for ITC’s determination as to whether to delegate the issue of public interest to the Administrative Law Judge (ALJ).
- ALJ must analyze public interest if ordered to consider. The final rule clarifies that when ordered to take evidence on the public interest, the ALJ must include analysis of the public interest in his determination on remedy.
- Comments on public interest after ALJ determination. The final rule clarifies that the parties are requested, but not required, to file comments on the public interest 30 days after issuance of the presiding ALJ’s recommended determination on remedy, bonding, and where ordered, the public interest.
(See ITT’s Online Archives 10093045 for summary of ITC’s proposed rule.)
ITC contact Megan Valentine (202) 708-2301
(FR Pub 10/19/11, D/N MISC-032)