Does anyone have an article discussing how
posted on
Oct 04, 2013 11:27PM
Federal Circuit decisions supercede ITC decisions. I've read that the Appelate Court of the Federal Circuit controls the ITC and the NDoC, but I'm not sure a ruling at the NDoC is binding on the ITC. We have a chance to counter the ID at the ITC by having the Commission review Judge Gildea's ID. If we lose the counter to the ID I'm wondering if we would appeal to the federal appelate court, which is controlling over the regional federal courts and the ITC. I've read about 15 articles/papers and I haven't seen anything like our case where it is a question of infringement against us at the ITC and for us at the NDoC and how that could affect the ITC on the rebound.