On December 13, 2013, ALJ E. James Gildea issued Order No. 35 granting Complainant Adaptix, Inc.’s (“Adaptix”) motion to terminate the investigation in its entirety based on withdrawal of the complaint in Certain Wireless Communications Base Stations and Components Thereof (Inv. No. 337-TA-871).
According to the Order, while no party objected to the withdrawal of the complaint and termination of the investigation, Respondents Telefonaktiebolaget LM Ericsson and Ericsson Inc. (collectively, “Ericsson”) alleged that Adaptix engaged in sanctionable conduct, that their service of a proposed sanctions motion caused Adaptix to reconsider pursuing its complaint, and that Ericsson has not paid any consideration for Adaptix’s withdrawal of the complaint.
ALJ Gildea found the motion in compliance with Commission Rule 210.21(a)(1), noting that Adaptix certified that there are no agreements between the parties concerning the subject matter of the investigation, and that no extraordinary circumstances exist preventing withdrawal of the complaint. Although the ALJ observed that granting the motion will conserve public and private resources, he noted that termination of the investigation “will not involve resolution of the overall dispute between the parties, and should Complainant file again on the same set of facts …, there is the danger of duplicated expenditure of public and private resources,” among other concerns. ALJ Gildea found, however, that the foregoing should not bar termination of the investigation now, but should instead be addressed by the Commission (or presiding ALJ) in the future if necessary. Accordingly, Adaptix’s motion was granted.