By Eric Schweibenz
On November 16, 2009, Chief ALJ Paul J. Luckern issued the public version of an initial determination (“ID”) (Order No. 25) (dated October 29, 2009) in Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (Inv. No. 337-TA-674).  In the ID, ALJ Luckern granted the October 28, 2009 motion of Complainant Gertrude Neumark Rothschild (“Rothschild”), seeking termination of the investigation with respect to Toshiba Corporation (“Toshiba”).

According to the ID, Toshiba did not oppose Rothschild’s motion and the Commission Investigative Staff supported the motion.  Further, in support of the motion, Rothschild argued that “in its recently-filed pre-hearing statement, Toshiba has represented that it has ceased (or intends to cease) importation into the United States of the accused product and accordingly, termination of Toshiba from the investigation is appropriate; and that pursuant to Commission rule 210.21(a)(1), [Rothschild] affirms that there exists no agreements, written or oral, express or implied between [Rothschild] and Toshiba that concern the subject matter of this investigation.”

In the ID, ALJ Luckern noted that the “Commission has stated that ‘in the absence of extraordinary circumstances, termination of the investigation will be readily granted to a complainant during the prehearing stage of an investigation’” and therefore granted the motion to terminate in view of Rothschild’s compliance with the requirements of Commission Rule 210.21(a).