15
Apr
By Eric Schweibenz
On April 14, 2010, ALJ Carl C. Charneski issued Order No. 54 in Certain Machine Vision Software, Machine Vision Systems, and Products Containing Same (Inv. No. 337-TA-680).

In the Order, ALJ Charneski denied a motion filed by Respondent MVTec Software GmbH (“MVTec”) to compel production of documents concerning a former product made by Complainants Cognex Corporation and Cognex Technology & Investment Corporation (“Cognex”) known as “CNLPAS” or “CONLPAS” that MVTec believed to invalidate claims of the asserted ‘262 patent.  The ALJ considered the “three brief paragraphs” offered by MVTec in its supporting memorandum explaining why it believed it was entitled to the subject documents and determined that there was an insufficient basis upon which to order the requested discovery.

MVTec’s motion also related to documents concerning products of a company called Acumen that were believed to invalidate claims of the asserted ‘539 patent; however, the parties requested that the ALJ defer ruling on this aspect of the motion given that Cognex reported that it had just located responsive materials and planned to produce them as soon as possible.