On February 18, 2009, ALJ Robert K. Rogers, Jr. issued an order in the matter of Certain Base Stations and Wireless Microphones (Inv. No. 337-TA-653) denying the joint motions of complainant L-3 Communications Mobile-Vision, Inc. and respondents KCi Communications, Inc., Digital Ally, Inc., and Trinus Systems, Inc. to terminate the investigation as to those respondents based on settlement agreements with the complainant. 

The parties sought to withhold the terms of their settlement agreements from the other respondents in the investigation by not submitting the settlement agreements with their joint motions to terminate – they instead sent the settlement agreements directly to ALJ Rogers under separate cover.  ALJ Rogers held that this violated the clear mandate of Commission Rule 210.21(b)(1), which requires that “a motion for termination by settlement shall contain copies of the licensing or other settlement agreement.”  He denied the motions to terminate without prejudice.