Friday, June 8, 2012

Regardless of Prejudice, No Amendment of Prior Art Statement Absent a Showing of Diligence as to Individual References

The ALJ denied respondents' motion to amend their notice of prior art to add 14 references for lack of diligence. "ITC investigations are fast paced, and the [ALJ] requires that the parties solidify their positions early. . . . The [ALJ's] precedent makes clear that although prejudice may be a factor, this inquiry primarily turns on the party's reasons for supplementation, namely, the party's diligence. . . . Respondents argue here that the proposed prior art references are obscure, yet provide no specific facts with respect to the individual references to explain how that is the case. . . . At best, Respondents seem to argue that the score of references they wish to add were hidden in plain sight."

Dynamic Random Access Memory & NAND Flash Memory Devices & Products Containing Same, 337-TA-803 (ITC June 5, 2012, Order) (Gildea, ALJ).

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