By Eric Schweibenz
On February 5, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 11 in Certain Printing and Imaging Devices and Component Thereof (Inv. No. 337-TA-690) denying Respondents Oki Data Corporation and Oki Data Americas, Inc.’s (collectively “Oki Data”) motion for leave to supplement their notice of prior art.

In the motion, Oki Data sought to add ten additional prior art references and asserted that good cause existed for allowing the supplemental prior art notice.  Specifically, Oki Data argued that “all but one of the prior art references was unknown to Oki Data at the time its original prior art notice was filed” and that Oki Data “learned of these references in conjunction with its experts’ preparation of their reports.”  Complainants Ricoh Company, Ltd., Ricoh Americas Corporation, and Ricoh Electronics, Inc., as well as the Commission Investigative Staff opposed Oki Data’s motion for leave.

According to the Order, ALJ Rogers determined that Oki Data “failed to demonstrate the necessary good cause to allow the supplemental notice of prior art.”  More particularly, ALJ Rogers held that regarding the nine prior art references that were unknown to Oki Data as of the December 30, 2009 deadline for filing a Notice of Prior Art, “[a]n assertion that Oki Data’s experts found these prior art references while preparing their expert reports does not provide good cause to allow the new references into the investigation.”  As to the one prior art reference that was known to Oki Data on December 30, 2009, ALJ Rogers determined that “Oki Data has provided an insufficient explanation for allowing a supplemental prior art notice.”