CAFC Schedules Oral Argument in Cases on ITC's Redaction Policy
The U.S. Court of Appeals for the Federal Circuit on Oct. 2 scheduled a pair of cases for oral argument on Nov. 4 regarding the International Trade Commission's policy of redacting business proprietary information in questionnaire responses. The court said the two sides, which are the ITC and two court-appointed amici, will each get 20 minutes, with the two amici -- patent attorney Andrew Dhuey and Alex Moss, the executive director of the Public Interest Patent Law Institute -- splitting their 20 minutes (In Re United States, Fed. Cir. #s 24-1566, 25-127).
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In one case, the Federal Circuit is reviewing the Court of International Trade's refusal to redact certain business proprietary information from a decision it issued in 2023 on an AD/CVD injury case. Former CIT Judge Stephen Vaden said all the information alleged to be proprietary either hadn't been properly bracketed by the ITC during the trial or was publicly available (see 2401090046). Dhuey was appointed as amicus in this case to defend Vaden's decision.
In the other proceeding, Vaden declared the ITC's practice of "automatically redacting questionnaire responses" to be unlawful (see 2503270057). Moss was designated in this case to defend the trade court's ruling (see 2506110050).