16
Nov
By Eric Schweibenz
On November 15, 2010, ALJ E. James Gildea issued Order No. 24 granting a joint and unopposed motion to remove the Markman hearing and all related dates from the procedural schedule in Certain Electronic Paper Towel Dispensing Devices and Components Thereof (Inv. No. 337-TA-718).   The motion was jointly filed by Complainant Georgia-Pacific Consumer Products LP (“Georgia-Pacific”), Respondents Draco Hygienic Products, Inc., Kruger Products LP, KTG USA LP, New Choice (H.K.) Ltd., and Vida International Inc. (collectively, “Draco Respondents”), and the Commission Investigative Staff (collectively, the “Movants”).  Additional Respondents not a party to the motion were Jet Power International Ltd., Natury S.A. de C.V., Stefco Industries, Inc., Cellynne Corporation, NetPak Elektronik Plastik ve Kozmetik Sanayi, Ve Ticaret Ltd., WINCO Industries Co., DWL International Trading Inc., and Franklin Financial Management, Inc. d/b/a Update International (collectively, the “Non-moving Respondents”).

In support of the motion, the Movants asserted, inter alia, that (1) with respect to the Movants, “all asserted patent claims can be understood with reference to their plain and ordinary meaning”; (2) “[t]he only parties to identify any claim terms in dispute in this investigation are parties that have now entered into a settlement agreement with Georgia-Pacific”; and (3) the Non-moving Respondents either have not filed appearances in the investigation, have not shown cause why they should not be held in default, or have not identified any claims terms in dispute.

ALJ Gildea granted the motion “[f]or good cause shown and there being no opposition.”  Further, ALJ Gildea found that the parties will be bound by their representation that all asserted claims shall be given their plain and ordinary meaning and that certain Non-Moving Respondents “have waived the right to argue that the asserted claims shall be [construed otherwise].”
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