ALJ Bullock Denies Summary Determination Motion For Failure To Meet And Confer In Certain Ink Application Devices (337-TA-832)
On November 19, 2012, Chief ALJ Charles E. Bullock issued Order No. 12 in Certain Ink Application Devices and Components Thereof and Methods of Using The Same (Inv. No. 337-TA-832).
In the Order, ALJ Bullock denied a motion filed by Respondent T-Tech Tattoo Device, Inc. (“T-Tech”) for summary determination that Complainants have not satisfied the economic prong of the domestic industry requirement with respect to the asserted patents. ALJ Bullock noted that Ground Rule 3.2 requires a moving party to include a certification in all motions that it made reasonable, good-faith efforts to resolve the matter with the other parties at least two business days prior to filing the motion. According to the Order, T-Tech’s motion failed to include the required certification and neither the Complainants nor the Commission Investigative Attorney had any prior notice that T-Tech planned to file the motion. Accordingly, ALJ Bullock denied T-Tech’s motion for failure to comply with Ground Rule 3.2.