On August 18, 2011, the Commission issued a notice in Certain Automated Media Library Devices (Inv. No. 337-TA-746). The notice stated that ALJ Bullock’s July 19, 2011 Order No. 19, which granted-in-part Respondent IBM’s motion for partial summary determination and found that the asserted claims of U.S. Patent No. 6,328,766 (“the ’766 patent”) were not entitled to claim priority to an earlier application, should not have issued as an initial determination. See our August 18, 2011 post for more information on ALJ Bullock’s Order No. 19.
The Commission determined that the priority matter decided in Order No. 19 was uncontested, and by operation of Commission Rule 210.31(d) (19 C.F.R. §210.31(d)), matters admitted in response to requests for admissions are conclusively established. The Commission further determined that to the extent a ruling under Commission Rule 210.31(d) is appropriate, where uncontested, such ruling should be by order rather than summary determination under Commission Rule 210.18 (19 C.F.R. § 210.18).