There are no general ITC rules regarding the procedure for how an Administrative Law Judge (ALJ) is to construe claims and, therefore, claim construction is ALJ specific.  Historically, claim construction testimony and evidence in section 337 investigations has been presented during the evidentiary hearing along with other arguments, including, e.g., infringement and invalidity and, thus, [...]

On July 10, 2009, the Federal Circuit is scheduled to hear oral argument in Crocs, Inc. v. ITC (2008-1596).
Crocs, Inc. (“Crocs”) filed a complaint with the ITC on March 31, 2006, and an amended complaint on April 27, 2006, against Collective Licensing International, LLC et al. alleging violation of Section 337 by the respondent’s importation [...]