By Eric Schweibenz
On May 3, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 31 in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-735).

According to the Order, Complainant Spansion, LLC (“Spansion”) filed a motion for summary determination that it satisfied the technical prong of the domestic industry requirement for U.S. Patent No. 6,369,416.  Respondents Samsung Electronics Co., Ltd, Samsung Electronics America, Inc., Samsung International, Inc., Samsung Semiconductor, Inc., Samsung Telecommunications America, LLC, Nokia, Inc., Nokia Corporation, Apple Inc., PNY Technologies, Inc., Transcend Information Inc., Transcend Information, Inc. (US), and Transcend Information Inc. filed a response opposing the motion.  The Commission Investigative Staff filed a response supporting the motion.

In the Order, ALJ Rogers noted that his Ground Rule 3.2 states (emphasis in original):
All motions shall include a certification that at least two business days prior to filing the motion, the moving party made reasonable, good-faith efforts to contact the other parties to resolve the matter and notified all other parties in advance of the filing of the motion, and shall state, if known, the position of the other parties on such motion.

ALJ Rogers determined that “Spansion’s motion includes no Ground Rule 3.2 certification, and no reference to any discussions among the parties concerning the subject matter of the motion.”  ALJ Rogers further determined that “[t]his is not the first instance in this investigation where a motion filed by Spansion has failed to include any Ground Rule 3.2 certification.  (See Order No. 26.).”  Accordingly, ALJ Rogers denied Spansion’s motion.