International Trade

While the Commission finds that the rules are unambiguous, to the extent interpretation is required, the Commission determines in its discretion and in the interest of the expeditious conclusion of section 337 investigations that a ruling on claim construction is properly issued in the form of an order.115 Although immediate Commission review of a Markman decision is not readily available under the Commission's dictates in Mobile Telephones,116 the ruling allows an ALJ to base claim constructions on a full evidentiary record. [...] the Commission's determination that the proper mechanism for a Markman decision is an order, rather than an ID, increases the likelihood that the ITC can continue setting shorter target dates for investigations.117 C. PROPOSED CHANGES TO COMMISSION RULES GOVERNING PUBLIC INTEREST Newly proposed changes to Commission Rules of Practice and Procedure in 2010 may boost the role of public interest in Section 337 actions.