11. Double Checking

I read on an ITC blog that the ITC sometimes have different opinions than the ALJs. This mechanism in place is beneficial to the people because it allows for a second check, and a second opinion of whether an action infringes on a patent. In fact, in this particular post, it is said that the ITC had backed four patent decisions, but has disagreed with one. It is also interesting to note the limited power of the ITC. The dispute which was disagreed on, was regarding the violation of the patent involving certain wireless communication devices, portable music and data processing devices, computers and components thereof, involving complainant Motorola and respondent Apple. The ITC did not rule any particular decision, but just reverse the previous decision by the ALJ. Regarding another separate patent, the ITC also remanded investigations to the ALJ. This process, in addition to the second eye, is also really great as the decisions will not change drastically immediately as it is still dependent on the ALF. This allows the parties involved to take the potential for changes into account, by providing them early warning. Although not powerful enough to overwrite the previous decision, the ITC has enough power to voice its views to make ALJs reconsider cases and sometimes, it is just this second chance of review that and change the ultimate decision.