Respondents want an early determination from the ITC on complainant’s standing to sue; complaint wants the ITC to delay institution while the parties argue the matter in court. Why not just let the court take care of everything?
After the ITC called for early disposition of the domestic industry question in Taurine (Inv. 1146), the patent holder withdrew its complaint. The episode shows how the early disposition program is helping to reduce the ITC's disruptive impact on the U.S. patent system by weeding out some duplicative Section 337 cases that have no patent or trade policy rationale.
The complainant in the Taurine investigation is an independent inventor who has not yet found anyone willing to license his patent. The ITC has granted a request from respondents to conduct early disposition proceedings on whether his unsuccessful licensing activity satisfies the domestic industry requirement.
When the Commission instituted the investigation in September, it granted Mahindra's request to decide through an early disposition proceeding whether the complaint was barred by a previous agreement with FCA. The determination did not go in Mahindra’s favor.