- ALJ Bullock Grants Motion in Limine in Certain Wiper Blades (337-TA-816)
- November 11, 2013 | Authors: Eric W. Schweibenz; Thomas C. Yebernetsky
- Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
On November 1, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 87 (dated September 24, 2013) in Certain Wiper Blades (Inv. No. 337-TA-816).
According to the Order, Complainant Robert Bosch LLC (“Bosch”) filed a motion in limine to preclude Respondents ADM21 Co., Ltd.; ADM21 Co. (North America) Ltd.; Cequent Consumer Products, Inc.; RainEater, LLC; and Daewoo International Corp. (collectively, “Respondents”) from calling Bosch’s trial counsel, Mr. Ginsberg, to testify at the evidentiary hearing. Bosch argued that Mr. Ginsberg’s testimony is cumulative of other evidence in the record and that his testimony is not crucial to Respondents’ defense. Alternatively, if ALJ Bullock denied Bosch’s motion, Bosch requested that Mr. Ginsberg be permitted to act as advocate and testify in accordance with the New York Rules of Professional Conduct. In opposition, Respondents argued that Mr. Ginsberg’s testimony was not cumulative of any other evidence and was necessary for ALJ Bullock to assess Mr. Ginsberg’s intent and credibility. Furthermore, Respondents asserted that Mr. Ginsberg was the primary and most senior participant in the events at the 2010 APEX trade show, which are some of the events at-issue in the evidentiary hearing.
ALJ Bullock determined that Respondents failed to show that no other means exist to obtain the non-privileged information. Accordingly, ALJ Bullock granted Bosch’s motion in limine.