07
May
By Barry Herman
On April 28, 2009, the U.S. International Trade Commission issued a Notice determining not to review the Initial Determination (“ID”) (Order No. 18) issued by Administrative Law Judge E. James Gildea on April 6, 2009, in Certain Coaxial Cable Connectors and Components Thereof and Products Containing the Same (Inv. No. 337-TA-650).

As explained in our April 21 post, Complainant John Mezzalingua Associates, Inc. d/b/a PPC, Inc. (“PPC”) had moved for summary determination against Respondents Fu Ching Technical Industry Co. Ltd. and Gem Electronics, Inc. (“Respondents”) on importation, infringement, domestic industry, and for a general exclusion order.  Respondents opposed and raised a number of arguments regarding invalidity and non-infringement, but did not dispute PPC’s assertions relating to domestic industry (economic prong) and importation of the accused products.  The Commission Investigative Staff filed a response in support of PPC’s motion for summary determination on only the importation and economic prong issues.

While ALJ Gildea found in his initial determination that PPC was entitled to summary determination on the importation and domestic industry (economic prong) issues, he denied summary determination “[w]ith respect to infringement and validity as they relate to Respondents” since there were genuine issues of material fact remaining on these issues.  ALJ Gildea also declined to evaluate the remedy issues raised in connection with PPC’s motion for summary determination.
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