Tuesday, July 3, 2012

Inequitable Conduct Defense Does Not Preclude Voluntary Termination of Investigation

The ALJ granted complainants' motion to terminate the investigation with respect to one patent despite respondents' objections. "The Objecting Respondents oppose the motion, arguing that the possibility of inequitable conduct on the part of the complainant may be a basis for denying a motion for termination. . . . The only support offered by the Objecting Respondents for their requests is [an order in another Investigation]. . . . However, the ALJ determined the facts in that Investigation did not support an immediate termination due to pending motions for summary determination and evidentiary sanctions. Here, the Objecting Respondents have not filed similar motions such that I could find 'extraordinary circumstances' sufficient to warrant denial of [complainants'] motion. . . . Accordingly, I find no extraordinary circumstance that prevents the partial termination of this Investigation."

Kinesiotherapy Devices and Components Thereof, 337-TA-823 (ITC June 28, 2012, Order) (Pender, ALJ).

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