It's also pretty clear to me that the ITC defers to whatever the fed decides. You can seen that when batts made her ruling and ALJ Luckern said no more mentioning of nok in the Sam hearing. You can just read it in his tone that the fed court is the final boss and what they say goes
I wouldn't worry at all that the itc is listed as the defendent. I would guess they would stay quiet the whole time if it gets to the fed appeal.
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