ALJ Charneski Rules on Motion to Strike In Certain Multimedia Display And Navigation Devices And Systems (337-TA-694)
On July 27, 2010, ALJ Carl C. Charneski issued Order No. 32 in Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-694). In the Order, ALJ Charneski granted Complainants Pioneer Corporation and Pioneer Electronics USA’s (collectively, “Pioneer”) motion to strike portions of the expert report of Respondents Garmin International, Inc. and Garmin Corporation’s (“Garmin”) expert, Dr. William Michalson.
According to the Order, Pioneer argued that portions of Garmin’s expert report were improper because they relied upon alleged prior art that were not timely identified. ALJ Charneski granted Pioneer’s motion to strike the sections from the expert report to the extent they relied upon the belatedly filed prior art. The ALJ agreed that the supplemental prior art notice was filed untimely, and without a proper motion for leave to show good cause.
