22
Dec
By Eric Schweibenz
On December 22, 2010, ALJ Carl C. Charneski issued Order No. 9 terminating the investigation as to all respondents based on a withdrawal of the complaint in Certain Data Storage Products and Components Thereof (Inv. No. 337-TA-748).

By way of background, the Complainant in this investigation is Data Network Storage, LLC of Newport Beach, California (“DNS”) and the Respondents are NetApp, Inc. of Sunnyvale, California (“NetApp”), Dell, Inc. of Round Rock, Texas (“Dell”), Xyratex, Ltd. of Fremont, California, Xyratex International Inc. of West Sacramento, California, Xyratex (Malaysia) Sdn Bhd of Malaysia, Dot Hill Systems Corp. of Longmont, Colorado, International Business Machines Corporation of Armonk, New York, Cisco Systems, Inc. of San Jose, California, and QNAP Systems, Inc. of Pomona, California.

According to the Order, DNS filed the instant motion in view of a recent summary judgment ruling of noninfringement issued in favor of the defendants (present Respondents Dell and NetApp) in a parallel district court action before the U.S. District Court for the Northern District of Texas.  DNS further indicated that the same claims at issue in the Texas litigation were the same claims at issue in this investigation.

Citing Commission Rule 210.21(a)(1), ALJ Charneski granted the motion to terminate the investigation as to all respondents.