ALJ Bullock Grants Complainants’ Motion To Compel In Certain Ink Application Devices (337-TA-832)

Posted On: December 6, 2012   by:

On December 4, 2012, Chief ALJ Charles E. Bullock issued Order No. 15 granting Complainants MT.Derm GmbH and Nouveau Cosmetique USA, Inc. (“Complainants”) motion to compel Respondent T-Tech Tattoo Device, Inc. (“T-Tech”) to respond to Complainants’ first set of interrogatories and first set of requests for production in Certain Ink Application Devices and Components Thereof and Methods of Using Same (Inv. No. 337-TA-832).

According to the Order, Complainants argued that T-Tech not only failed to respond to Interrogatory Nos. 1-11 and Request for Production Nos. 1-21, but refused to provide any discovery on the ground that T-Tech did not believe it infringed.  Complainants further asserted that T-Tech claimed it would never respond to the requested discovery, and that T-Tech waived any objection thereto since it did not provide written responses within the ten-day period.  Complainants maintain that the requested discovery “relates squarely to matters at issue in the Investigation, including the manufacture, design, sales, and importation of the accused products.”  The Commission Investigative Staff (“OUII”) supported the motion.

ALJ Bullock agreed with Complainants and the OUII that the requested discovery is relevant and should be provided by T-Tech.  The ALJ added that “[c]ontrary to T-Tech’s understanding, a finding of infringement is not a prerequisite to obtaining discovery.”  Accordingly, the motion to compel was granted.

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