By Eric SchweibenzOn 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.