As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments seeking early adjudication under the Commission’s Pilot Program For Early Disposition Of Certain Section 337 Investigations of complainant LEGO’s domestic industry allegations in the complaint filed on Certain Toy Figurines And Toy Sets Containing Same, Inv. Docket No. 337-3054. Under the Commission’s pilot program, the presiding ALJ has 100 days to adjudicate and decide threshold, dispositive issues in a Section 337 investigation while other portions of the investigation are placed on hold. In its Response, LEGO took issue with MEGA Brands’ public interest comments, describing them as “nothing more than an attempt to gain a one-sided tactical advantage to focus not on its infringements, but rather only on domestic industry proof.” In particular, LEGO noted that the comments do not address the statutory public interest factors and fail to recognize the substantial licensing operations conducted in the United States by LEGO. LEGO’s response also distinguished the only investigation that has been placed in the pilot program to date –Certain Products Having Laminated Packaging, Laminated Packaging, And Components Thereof, Inv. No. 337-TA-874. On March 11, 2015, the Commission issued a Notice of Institution of Investigation that did not direct the ALJ to conduct an early adjudication of LEGO’s domestic industry under the pilot program.
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