On October 20, 2014, ALJ Thomas B. Pender issued Order No. 28 and a Notice inCertain Opaque Polymers (Inv. No. 337-TA-883).
By way of background, the investigation is based on a complaint filed by Rohm and Haas Company, Rohm and Haas Chemicals, and The Dow Chemical Company (collectively, "Dow") alleging violation of Section 337 in the importation into the U.S. and sale of certain opaque polymers that infringe one or more claims of U.S. Patent Nos. 6,020,435; 6,252,004; 7,435,783; and 7,803,878. See our May 22, 2013 and June 20, 2013 posts for more details on the complaint and notice of investigation, respectively.
According to the Notice, ALJ Pender issued Order No. 27 as an Initial Determination finding that Respondents Organik Kimya San. Ve Tic. A.S., Organik Kimya Netherlands B.V., Organik Kimya U.S., Inc. ("Oranik Kimya") spoliated evidence in this investigation in violation of Commission Rule 210.33(b). Based on Organik Kimya's bad faith, ALJ Pender sanctioned Organik Kimya by finding them in default with regard to Dow's allegations of trade secret misappropriation. Additionally, ALJ Pender imposed monetary sanctions against Organik Kimya and its counsel, jointly and severally.
According to Order No. 28, Respondents Oranik Kimya, Turk International LLC, and Aalborz Chemical LLC d/b/a Aal Chem filed a motion to terminate this investigation based on consent order stipulation. Dow filed an opposition to Respondents' motion to terminate. ALJ Pender denied the motion based on his concurrent finding that Organik Kimya was in default with regard to Dow's allegations of trade secret misappropriation due to its spoliation of evidence.