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Federal Circuit: ITC Experts May Rely On Source Code Not Admitted At Hearing
On May 11, 2026, the US Court of Appeals for the Federal Circuit issued a precedential decision in Bissell, Inc. v. International Trade Commission, affirming the ITC’s final determination in Investigation No. 337-TA-1304, preventing respondent Tineco from importing its original wet/dry surface cleaning device but allowing the importation of its redesigned devices. Among other issues, the court held that an ITC expert may rely on source code produced in discovery even if the source code is never introduced as a hearing exhibit.
United States IP
M
Mintz
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