ITC Requires Strict Adherence To Filing Requirements

In Certain Wireless Standard Compliant Electronic Devices, Including Communication and Tablet Computers, Inv. No. 337-TA-953, Order No. 44 (Jan. 22, 2016), the Administrative Law Judge ("ALJ") emphasized the importance of strictly complying with U.S. International Trade Commission ("ITC") rules, even with a routine filing such as a joint motion to terminate based on a settlement agreement. Thus, before filing a complaint with the ITC, complainants should have a clear understanding of the significant differences between litigation in district courts and litigation before the ITC. Statutory Framework While Rule 41 of the Federal Rules of Civil Procedure permits federal district court litigants to dismiss a case merely by filing a stipulation of dismissal signed by all the parties, parties to a Section 337 investigation must file a motion requesting termination of the investigation. 19 C.F.R. § 210.21. A motion for termination based on settlement must include "copies of the licensing or other settlement agreements." § 210.21(b)(1). The settlement agreement, like most documents filed in Section 337 investigations, has to be filed "electronically." 19 C.F.R. § 210.4(f)(4). The Case The ITC instituted a patent infringement investigation against Apple Inc. based on a complaint filed by Swedish telecom company Ericsson. Eventually, the parties settled and moved for the ITC to terminate its investigation. Citing the commission's rules, the ALJ instructed the parties to file an unredacted electronic copy of the settlement agreement. However, concerned about "inadvertent unauthorized distribution," the parties only submitted physical copies of the unredacted settlement agreement and electronic copies of a heavily redacted version of the settlement...