ITC ALJ: A Case Unsupported Cannot Stand

Law360, New York (August 15, 2012, 1:36 PM EDT) -- In what is likely to be viewed as an unusual ruling, U.S. International Trade Commission (ITC) Administrative Law Judge (ALJ) David P. Shaw dismissed an investigation for lack of standing.[1] The decision to dismiss is noteworthy because a motion for leave to amend to cure standing deficiencies at the ITC is routine.[2]

The case was brought by the publicly traded nonpracticing entity (NPE) VirnetX Holding Corp. against Apple Inc. on a patent involving a secure communication link between computers of a virtual private network. The asserted...
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