On September 10, 2014, ALJ Dee Lord issued Order No. 6 (dated September 9, 2014) in Certain Communications or Computing Devices and Components Thereof (Inv. No. 337-TA-925).
According to the Order, non-party Google Inc. ("Google") filed an unopposed motion to intervene in this Investigation. Google argued that its motion to intervene was timely because it was filed thirteen days after institution and the procedural schedule had not been entered. Google also argued that it has a significant interest in defending Respondents' accused devices, which use Google's Android platform and applications. Specifically, Google noted that Complainant Enterprise Systems Technologies S.a.r.l. ("EST") alleges that three of the four asserted patents are relevant to features of Google's Android system. Google further stated that it would fully participate in discovery.
EST responded that it did not oppose Google's motion based on Google's representation that "it will not object to or oppose any discovery sought by EST on the basis that Google would be an intervenor, rather than a Respondent." EST requested that Google's intervention be conditioned on Google's full participation in discovery.
ALJ Lord granted Google's Motion based on the following four factors: (1) "the motion is timely," (2) "Complainant does not dispute that Google products and services are identified in the Complaint in connection with the accused devices of [Respondents] and Google's intervention will therefore aid in adjudicating infringement and invalidity issues with respect to the three patents for which Google seeks to intervene," (3) "Google alleges (and Complainant does not dispute) that the interests of Respondents ... will be centered on their own respective accused devices, as opposed to the particularities of the Android platform or Google's proprietary products and services," and (4) "there is no evidence that Google's intervention will unduly delay or prejudice the adjudication of the original parties' rights." Regarding EST's concerns that Google will not full participation in discovery, ALJ Lord noted that Google has agreed to fully participate in discovery. Accordingly, ALJ Lord granted Google' Motion to Intervene.