By Eric Schweibenz
On November 5, 2009, ALJ Carl C. Charneski issued Order No. 16 in Certain Connecting Devices (“Quick Clamps”) For Use With Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRL’s”) That Are Part Of Larger Pneumatic Systems and the FRL Units They Connect (Inv. No. 337-TA-587).  Please note that Oblon Spivak represents Respondents SMC Corporation and SMC Corporation of America (“SMC”) in this matter.

In the Order, ALJ Charneski provides that the “parties are directed to confer with the goal of achieving a joint proposal for the dates of expert reports, rebuttal expert reports, expert depositions, and a hearing.  A joint report that details the result of the parties’ conference shall be filed by November 16, 2009.”

According the Order, ALJ Charneski based his decision to reopen discovery on the submissions of Complainant Norgren Inc. (“Norgren”), SMC, and the Commission Investigative Staff (“Staff”) in response to Order No. 15.  In these submissions, both SMC and the Staff argued that the record should be reopened on remand to determine obviousness in view of the claim construction provided by the Federal Circuit in its May 26, 2009 opinion.  Norgren, on the other hand, argued that the record should not be reopened.