24
Mar
By Barry Herman
On March 20, 2009, ALJ Carl C. Charneski issued Order No. 18 in Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same (337-TA-655).  In the Order, ALJ Charneski denied respondents Standard Car Truck Company, Inc., Barber Tianrui Railway Supply, LLC, Tianrui Group Company Limited, and Tianrui Group Foundry Company Limited’s (“Respondents”) motion to compel complainant Amsted Industries Incorporated to release a videotape made during respondents’ inspection of Amsted’s Kansas City Foundry.

According to the Order, the dispute between the parties involved access to a videotape made during Respondents’ inspection of Amsted’s Griffin Wheel Foundry outside of Kansas City, Missouri.  The Respondents sought unlimited access to the videotape and argued that the Protective Order issued during the investigation would provide sufficient protection for Griffin Wheel Foundry’s trade secrets.  Amsted and the Commission Investigative Staff argued for greater protection for the videotape inspection and suggested that an amendment to the Protective Order for special, increased measures of ensuring security and confidentiality is not uncommon. 

ALJ Charneski determined that Amsted’s and the Staff’s arguments for increased protection were persuasive and “in the context of this investigation the Griffin Wheel trade secrets that may be disclosed in the Griffin Wheel Foundry inspection videotape are deserving of protections in addition to those customarily provided in the Protective Order.”

Accordingly, ALJ Charneski denied Respondents’ motion to compel but permitted Respondents to access the Griffin Wheel Foundry inspection videotape and still photographs (“Griffin Videotape”) subject to the following conditions:  (1) copies of the Griffin Videotape will be provided to each of the two U.S. law firms representing the Respondents and must be secured in a locked room with appropriate security; (2) only counsel of record and experts and any other persons associated with Respondents that are signatories to the Protective Order may have access to the Griffin Videotape and must log in and log out of the secure room containing the Griffin Videotape; (3) no copies of the Griffin Videotape may be made without permission of Amsted and any written information derived from the Griffin Videotape shall be designated as Confidential Business Information under the Protective Order; (4) any device used to play the Griffin Videotape shall not be connected to a computer network or to the Internet; and (5) upon conclusion of this investigation (and any appeals), the Griffin Videotape must be returned to Amsted.
Share