ALJ Gildea Orders Clarification Regarding Motion To Terminate In Certain Blu-Ray Disc Players (337-TA-824)
On December 10, 2012, ALJ E. James Gildea issued Order No. 37 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing the Same (Inv. No. 337-TA-824).
According to the Order, Complainant Walker Digital, LLC (“Walker Digital”) moved to terminate the investigation as to Respondents Sony Corporation, Sony Computer Entertainment, Inc., Sony Corporation of America, Sony Electronics Inc., and Sony Computer Entertainment America (collectively, “Sony”) based upon withdrawal of the complaint against Sony. In the motion, Walker Digital stated that “aside from a generalized intent to meet in the future to continue discussing potential settlement of various litigations,” there are no other agreements, written or oral, express or implied between Walker Digital and Sony concerning the subject matter of the investigation. ALJ Gildea found this statement ambiguous and believed it raised concerns about Walker Digital’s compliance with Commission Rule 210.21(a) that prevent granting the motion. Thus, the ALJ ordered Walker Digital to supplement its motion no later than December 14, 2012 and clarify whether the “generalized intent to meet” indicates that Walker Digital and Sony have an agreement regarding the subject matter of the investigation. ALJ Gildea also ordered the supplement to include an updated statement as to the existence of any other agreements between Walker Digital and Sony regarding the subject matter of the investigation.