ITC Issues Notice of Proposed Rulemaking on Discovery in Section 337 Investigations | Practical Law

ITC Issues Notice of Proposed Rulemaking on Discovery in Section 337 Investigations | Practical Law

The International Trade Commission (ITC) has issued proposed amendments to its Rules of Practice and Procedure on discovery, including e-discovery, in Section 337 investigations.

ITC Issues Notice of Proposed Rulemaking on Discovery in Section 337 Investigations

Practical Law Legal Update 8-521-7062 (Approx. 2 pages)

ITC Issues Notice of Proposed Rulemaking on Discovery in Section 337 Investigations

by PLC Intellectual Property & Technology
Published on 05 Oct 2012 • USA (National/Federal)
The International Trade Commission (ITC) has issued proposed amendments to its Rules of Practice and Procedure on discovery, including e-discovery, in Section 337 investigations.
On October 2, 2012, the International Trade Commission (ITC) issued a notice of proposed rulemaking proposing amendments to its Rules of Practice and Procedure on discovery that are aimed at increasing efficiency in discovery practices in Section 337 proceedings while preserving fairness. The amendments would:
  • Require the administrative law judge to limit otherwise allowed discovery in certain circumstances, including if the judge determines discovery is duplicative or can be obtained from a less burdensome source.
  • Provide certain limits on discovery of electronically stored information that is not reasonably accessible because of undue burden or cost.
  • Provide a uniform set of procedures concerning attorney-client privilege or work-product protection claims, including privilege log requirements.
Written comments must be received by 5:15 p.m. on December 4, 2012.