On July 16, 2012, Chief ALJ Charles E. Bullock issued Order No. 35 granting Complainant Robert Bosch LLC’s (“Bosch”) motion to terminate the investigation as to Respondents Alberee Products, Inc. d/b/a/ Saver Automotive Products, Inc. and API Korea Co., Ltd. (collectively, “Saver/API Korea”) based on withdrawal of the complaint in Certain Wiper Blades (Inv. No. 337-TA-816).
According to the Order, Saver/API Korea agreed that immediate termination of the investigation was warranted, but “disagree[d] with and oppose the Complainant’s failure to address the timeliness of the proposed complaint withdrawal, whether Bosch should have maintained the instant case against Saver/API Korea through the present, [and] the propriety of lodging the instant action against Saver/API Korea in the first place.” Respondents also opposed termination “unaccompanied by a concurrent or subsequent consideration and determination of whether sanctionable conduct has occurred on the part of Bosch and Counsel.”
Having reviewed the pleadings, ALJ Bullock agreed with Bosch and found that Saver/API Korea’s objection does not constitute extraordinary circumstances that would prevent the requested termination. The ALJ noted that Saver/API Korea’s motion for sanctions was denied in Order No. 33. See our July 17, 2012 post for more details.