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ALJ Rogers Issues Three Orders in Digital Photo Frames Investigation

Posted on December 6, 2011 by McDermott Will & Emery

On December 6, ALJ Rogers issued three orders in Inv. No. 337-TA-807, Certain Digital Photo Frames and Image Display Devices and Components Thereof. In two separate rulings, ALJ Rogers granted Complainant Technology Properties, Ltd.'s motion for default against respondents Nextar Inc., Win Accord Ltd, and WinAccord U.S.A., Inc., but denied a motion for default against respondents Curtis International, Ltd. and Aiptek International, Inc., While ALJ Rogers found that Nextar, the Win Accord respondents, Curtis and Aiptek had all been properly served with the complaint and had failed to respond, Nextar and the Win Accord respondents further failed to respond to ALJ Rogers' November 18 order to show cause. Curtis and Aiptek, however, both responded to the order to show cause and represented to the ALJ that they were in the process of negotiating a settlement agreement with the complainant. Based on these representations, ALJ Rogers granted Curtis and Aiptek an additional two weeks to either respond to the complaint and notice of investigation or file a motion for termination based upon a settlement agreement or consent order.

Separately, ALJ Rogers granted a joint motion to terminate respondent Circus World Displays Ltd. from the investigation based on a settlement agreement which grants Circus World a non-exclusive license to a group of patents and trademarks in exchange for a running royalty. ALJ Rogers found the settlement to be in the public interest, and terminated Circus World from the investigation.

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