You will soon see a new and improved Essential Patent Blog. Let us know if there are features about the blog you would like to see, change or omit. One of the blog features under review is our “Resources” section where we list scholarly papers, articles and other resources dealing with standard essential patents. We want to update that list of resources. So please let us know if you have a paper or other resources that would warrant posting as a “Resource”.
For example, we just added papers submitted for an AIPLA presentation a few weeks ago on litigating standard essential patents at the U.S. International Trade Commission (ITC), where we discussed the ITC as a unique agency and unique procedural issues in litigating SEPs at the ITC.
An interesting point raised was that, although the Commission rarely has a hearing when reviewing an ALJ’s decision, the unique substantive and procedural issues presented by SEP cases might spur the interest of one or more Commissioner’s to hold a hearing. So we may see parties request a hearing by the Commission, and such a hearing request will be granted if at least one Commissioner votes in favor of having one. See 19 CFR 210.45(a) (“The parties, within the time provided for filing the review briefs, may submit a written request for a hearing to present oral argument before the Commission, which the Commission in its discretion may grant or deny. The Commission shall grant the request when at least one of the participating Commissioners votes in favor of granting the request.”).