ALJ Rogers denied a renewed motion for termination based on entry of a consent order filed by respondents Mipo Science and Technology Co., Ltd. and Mipo Technology Ltd. (collectively “Mipo”) on September 30, 2010 in Inv. No. 337-TA-723, Certain Inkjet Cartridges with Printheads and Components Thereof. The Commission Investigative Staff filed a response opposing the motion on October 1, 2010. ALJ Rogers denied the motion because it included improper language stating that Mipo would not import products that infringe the asserted patents “until Mipo’s products are found not to infringe.” ALJ Rogers held that this language was contrary to a “consent order” because such an order could be invalidated by a non-infringement ruling from another forum. Additionally ALJ Rogers held that the consent order was improper because it included claims that were not within the scope of the investigation.
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ALJ Rogers denies motion for termination based on a consent order in 337-TA-723
- McDermott Will & Emery
- Blair M. Jacobs, Robert J. Walters, Christopher L. May and Christina A. Ondrick
- October 5 2010
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