Law360 Publishes Akin Gump Article on ITC Invalidity Decision

Law360 has published the article “100-Day Pilot Program Takeaways From ITC Invalidity Decision,” written by Akin Gump intellectual property partners Cono Carrano and David Vondle and counsel John Wittenzellner.

The article examines a recent final initial determination by the U.S. International Trade Commission in the matter of Certain Portable Electronic Devices and Components Thereof. The authors write that the final ID is noteworthy because the investigation is the first instance in which a pilot program launched in 2013 “was used to address patent eligibility under Section 101.”

The pilot program, they say, was intended “to provide a vehicle for an early resolution of investigations in view of potentially dispositive issues (e.g., standing and the economic prong of the domestic industry requirement) and requiring the administrative law judge to issue an initial determination within 100 days of the institution of the investigation.”

To read the full article, please click here.