Strategic Applications Of ITC Admin Law Judge Pilot Program

Law360 (May 25, 2021, 5:52 PM EDT) -- On May 12, the U.S. International Trade Commission announced a new pilot program that will allow administrative law judges to issue interim initial determinations on fewer than all issues in Section 337 investigations.[1]

This pilot program, like the previous 100-day pilot program[2] that the ITC has since codified,[3] is aimed at focusing on key issues, curbing unnecessary litigation, saving time and costs for involved parties, and assisting the commission in meeting its obligation to complete investigations expeditiously.

But a fundamental difference requiring strategic consideration is that application of this latest pilot program is left to the discretion of the ALJ after...

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