Acting on a previous post, Administrative Law Judge Bullock just recently granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (jointly, “Fujifilm”) movement to strike Complainants Sony Corporation, Sony Storage Media Solutions, Sony Storage Media Manufacturing Corporation, Sony DADC US Inc., and Sony Latin America Inc. (jointly, “Sony”) dependence on particular recently determined items and to prevent Sony from including such item as a domestic market item. Magnetic Tape Cartridges and Components Thereof, Inv. 337-TA-1058, Order 16.

Summary

According to the Procedural Schedule, the parties had till August 24, 2017, to serve preliminary reactions to contention interrogatories upon which the party brings the problem of evidence and had up until October 27, 2017, to supplement such contentions. Sony had the concern of evidence for developing domestic market and did not recognize LTO-7 disk drive as domestic market items before August 24, 2017, due date. On the October 27, 2017 due date, Sony tried to include the LTO-7 items as domestic market items by arguing that the timing of the addition appertained because of a September 28, 2017, rejection of Sony’s initial injunction demand in a New York case and because Sony had up until October 27, 2017, to make such a supplements in compliance with the Procedural Schedule.

ALJ Bullock concluded that Sony’s addition of the LTO-7 items does not certify as “supplements” as used in Commission Rule 210.27( f) which specifies:” [a] party is under a responsibility seasonably to change a previous action to an interrogatory, ask for production, or ask for admission if the party discovers that the reaction remains in some product regard insufficient or inaccurate …” In specific, ALJ Bullock showed that Sony did not sufficiently describe how the October 27, 2017, additional reaction was the outcome of “insufficient” or “inaccurate” info in its previous reaction. He even more suggested that the supplements on October 27, 2017 was not reasonable because it came nearly one month after the September 28, 2017,choose from the New York court and only one day before the due date for Fujifilm and Staff to serve to ask for truth discovery, especially since all the essential details referring to the LTO-7 items and developing domestic market lived solely with Sony.

As an outcome, ALJ Bullock granted Fujifilm’s movement to (i) strike Sony’s dependence on the LTO-7 items as domestic market items and (ii) prevent Sony from including the LTO-7 items as a domestic market item. Visit mahanyertl for further details

Takeaway

The fast lane of Section 337 procedures frequently prefers plaintiffs who put in the time to arrange their case before filing, nevertheless, ALJ Bullock’s order stresses the value for plaintiffs and participants to rapidly acquire the needed truths throughout discovery and respond to such info in a prompt way. Parties ought to consider their particular commitments for serving contentions and look for to prevent any unneeded supplements.