Re: Letter from Jim Otteson to the ITC..GUMBO
posted on
Oct 23, 2013 04:26PM
The NDoC issued its claim construction first and the ALJ at the ITC did not follow the NDoC's claim construction. Nothing is binding. The appelate court (the court above the NDoC and ITC) controls both venues but as has been discussed many times so far, the appelate court would take too long to overturn an adverse ITC final decision. I suggest calling the company to confirm as much.