On July 18, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 40 in Certain Digital Photo Frames and Image Display Devices and Components Thereof (Inv. No. 337-TA-807).  In the Order, ALJ Rogers denied Respondent Pandigital, Inc.’s (“Pandigital”) motion for summary determination of non-infringement and invalidity of U.S. Patent No. 7,162,549 after finding that the motion had not been timely filed. 

According to the Order, the deadline for filing motions for summary determination was July 17, 2012.  The Order states that although Pandigital signed its motion on July 17, 2012, the motion was actually filed at 7:25 p.m. on that date—after the close of business—and was thus not officially received until 8:45 a.m. on July 18, 2012.  Accordingly, ALJ Rogers denied the motion as untimely.