- ALJ Bullock Denies Motion For Summary Determination Of Noninfringement And Motion In Limine In Certain Sintered Rare Earth Magnets (337-TA-855)
- June 5, 2013 | Authors: Eric W. Schweibenz; Thomas C. Yebernetsky
- Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
On May 29, 2013, Chief ALJ Bullock issued Order Nos.115 and 119 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855).
According to Order No. 115, Respondent Bunting Magnetics Co. (“Bunting”) filed a motion in limine to exclude evidence related to non-parties affiliated with Bunting. ALJ Bullock denied Bunting’s motion without consideration because Bunting failed to comply with Ground Rule 8.4’s requirement that all motions in limine include the exhibit(s) that are subject to the motion.
According to Order No. 119, Bunting filed a motion for summary determination of non-infringement, alleging that Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. failed to offer any evidence of infringement for the majority of the allegedly infringing Bunting products. ALJ Bullock held that Bunting’s motion, as it relates samarium cobalt magnets, is moot because Order No. 109 terminated all claims against rare earth magnets that are not sintered Neodymium-Iron-Boron magnets. As to the remaining claims made in Bunting’s motion, ALJ Bullock held that summary determination is inappropriate because issues of material fact remain. Accordingly, ALJ Bullock denied Bunting’s Motion for Summary Determination of Non-infringement.