By Eric Schweibenz
On February 12, 2010, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 55C in Certain Electronic Devices, Including Handheld Wireless Communications Devices (Inv. No. 337-TA-667/673).  In the Order, ALJ Rogers granted a joint motion filed on January 29, 2010, by Complainant Saxon Innovations, LLC’s (“Saxon”), and Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLP (collectively, “Samsung”), and Palm, Inc. (“Palm”) to terminate the investigation on the basis of a settlement agreement.

According to the Order, the joint motion to terminate stated that portions of certain confidential agreements had been withheld from Samsung and Palm, and all parties to the joint motion argued that “requiring the disclosure of the full, unredacted agreements to all respondents would be contrary to public policy in favor of settlements.”  ALJ Rogers noted the general rule that both confidential and public versions of settlements are filed and served, and protective orders usually adequately safeguard confidential information.  Nonetheless, in granting the motion, ALJ Rogers acknowledged that “confidentiality is a primary inducement to parties to settle cases,” the parties’ request was unopposed, there are no non-settling respondents remaining after the termination of Samsung and Palm, and therefore, “strong public policy in favor of settlement supports the request to withhold the terms from Samsung and Palm.”