The Fed. Circ. Stance On ITC's 'No Position' Rule

Law360, New York (August 22, 2012, 2:52 PM EDT) -- In an unusual turnabout, the Federal Circuit withdrew six pages of its precedential opinion in General Electric Co. v. International Trade Commission, 670 F.3d 1206 (Fed. Cir. Feb. 29, 2012), which had criticized the commission's practice of taking "no position" on fully litigated issues. General Elec. Co. v. International Trade Comm'n, No. 2010-1223 (Fed. Cir. July 6, 2012).

The court's July 6 order granted the commission's petition for panel rehearing for the limited purpose of withdrawing Part III of its Feb. 29 opinion and to make clear that the panel was not offering any decision as to the questions raised therein....

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