Trade Judge’s Status Voided Order, Probe, D.C. Cir. Affirms (1)

The US International Trade Commission failed to overturn a federal district court ruling that nullified an administrative law judge’s order in a patent infringement case against Apple Inc. because his appointment was unconstitutional.

The judge’s protective order was void because while the Commission ratified judges that had been unconstitutionally appointed by its chair, it didn’t ratify their past actions, according to an ruling issued Friday by the US Court of Appeals for the District of Columbia Circuit.

The opinion by Judge Justin R. Walker means the ITC can’t continue disciplinary proceedings against Gregory Sidak, an expert witness in a 2017 ...