By Eric SchweibenzOn November 14, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 17 in Certain Dynamic Random Access Memory Devices, and Products Containing Same (Inv. No. 337-TA-821).
According to the Order, Complainant Nanya Technology Corporation (“Nanya”) asserted that Micron Technology, Inc. (“Micron”), which has a license to the patents-at-issue, is in the process of acquiring Respondents Elpida Memory, Inc., Elpida Memory (USA), and Kingston Technology Co. (collectively, “Elpida”). Therefore, Nanya argued that ALJ Rogers should grant the motion because, upon Micron’s acquisition of Elpida, the investigation would be moot.
In opposition, Elpida argued that an “extraordinary circumstance” exists justifying the denial of Nanya’s motion to terminate because: (1) Elpida incurred unnecessary expenses because Nanya delayed in filing the motion to terminate, and (2) Elpida could face repeated investigation if Micron’s acquisition of Elpida falls through.
ALJ Rogers determined that “extraordinary circumstances” do not exist because Nanya filed the motion to terminate less than two weeks after the Japanese Bankruptcy Court approved the acquisition. Further, ALJ Rogers held that the fear of repeated investigations does not qualify as “extraordinary circumstances” because in nearly every case a party could decide to re-initiate an investigation after termination. Accordingly, ALJ Rogers granted Nanya’s motion and terminated the investigation in its entirety.