Jones Day has an interesting article about an ITC case -- Certain Beverage Brewing Capsules, Components Thereof, And Products Containing the Same, Inv. 337-TA-929.
http://jonesdayitcblog.com/defaulting-itc-significant-risks/#page=1
The gist of it is: The effects of res Judicata apply at the ITC level. This means that purposefully defaulting at the ITC in order to avoid incurring additional litigation expense is a very risky strategy.
http://jonesdayitcblog.com/defaulting-itc-significant-risks/#page=1
The gist of it is: The effects of res Judicata apply at the ITC level. This means that purposefully defaulting at the ITC in order to avoid incurring additional litigation expense is a very risky strategy.