On April 24, 2012, Chief ALJ Charles E. Bullock issued Order Nos. 39-41 in Certain Computer Forensic Devices and Products Containing the Same (Inv. No. 337-TA-799) denying various summary determination motions.
According to Order No. 39, ALJ Bullock denied a motion for summary determination filed by the Commission Investigative Staff (“OUII”) arguing that no domestic industry exists, that none is in the process of being established, and that no violation of Section 337 has occurred for U.S. Patent Nos. 7,159,086 (the ‘086 patent) and 7,228,379 (the ‘379 patent). In the Order, ALJ Bullock determined that there “appears to be a legitimate question as to whether a domestic industry exists with respect to the ‘086 and ‘379 patents” and thus genuine issues of material fact remain. Accordingly, ALJ Bullock denied OUII’s motion.
According to Order No. 40, certain respondents moved for summary determination of the non-existence of a domestic industry for the ‘086 and ‘379 patents as well as U.S. Patent No. 6,813,682. For the same reasons noted above in connection with Order No. 39, ALJ Bullock denied respondents’ motion.
According to Order No. 41, Complainant MyKey Technology Inc. (“MyKey”) moved for summary determination regarding domestic industry issues. Similar to Order Nos. 39 and 40, ALJ Bullock denied MyKey’s motion “[b]ecause genuine issues of material facts may remain, [and] good cause does not exist to grant the motion in lieu of a trial of all issues on the merits.”