Not overruled, but the ITC would have had to have followed the NDCA claim construction. Claim construction is a legal finding. It would have that preclusive effect on the ITC that's been discussed in the past.

I think TPL followed the well-traveled road of filing in the ITC first. Typically a company with patents, but not a competing product, files in the ITC because the decision making is faster and there's the possibility of an import ban. In other words, it's basically an injunction. That's a great "convincing" tool as you know. In the NDCA, there was no real possibility of an injunction and the process is slower. It just so happened to have not turned out well for TPL in the ITC.

At then end of the day, the NDCA win is more signficant than the ITC loss. Unfortunately for TPL, there's uncertainty still.