On July 19, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 6 (dated April 10, 2013) in Certain Robotic Toys and Components Thereof (Inv. No. 337-TA-869). In the Order, ALJ Bullock granted Complainants Innovation First International, Inc., Innovation First, Inc., and Innovation Labs, Inc.’s (collectively, “Innovation First”) motion seeking issuance of a request for international judicial assistance pursuant to the Hague Convention.
According to the Order, Innovation First sought to obtain evidence from Mr. Xiaoping Lu of China, the individual whom Innovation First claimed was responsible for orchestrating the alleged trade secret misappropriation at issue in the investigation. Innovation First argued that the requested discovery was narrowly tailored, focusing on “Lu’s licensing negotiations with third parties with regards to the robotic toy fish design and his allegations of independent creation.”
The Order states that Respondents Zuru Inc., Zuru Ltd., Zuru Toys Inc., and CVS Pharmacy, Inc. did not oppose the relief requested in Innovation First’s motion. The Commission Investigative Staff did not file a response.
After considering the arguments, ALJ Bullock determined to grant Innovation First’s motion. The Order states that the original request has been forwarded to the Secretary of the Commission for appropriate action in accordance with the Hague Convention.