Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same, 337-TA-803 (ITC June 5, 2012, Order) (Gildea, ALJ).
Thursday, June 7, 2012
Representing Opposing Party for Eighteen Years Including Four ITC Investigations Did Not Disqualify Counsel Absent Proof of Substantial Relationship
The ALJ denied respondents' motion to disqualify complainants' counsel even though counsel had represented respondents for nearly 18 years, including at least four ITC investigations. "[Respondent] offers only conclusory assertions that the technology involved in those previous Investigations is substantially related to the technology at issue in the present Investigation. . . . In contrast, [complainant] has provided a detailed analysis of those previous Investigations that raises serious doubts about the conclusion asserted by [respondent]. . . . This finding is further supported by the substantial amount of time that has elapsed between [counsel's] previous representation of [respondents] at the ITC and this Investigation. . . . The [ALJ] finds that any potential prejudice caused by [counsel's] previous representation of [respondents] will be mitigated by the ethical screen implemented."