• ALJ Bullock Denies Motion for Summary Determination of Non-Infringement in Certain Tires (337-TA-894)
  • January 13, 2014 | Authors: Katherine Cappaert; Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On December 19, 2013 ALJ Bullock issued Order No. 21 in Certain Tires and Products Containing the Same (Inv. No. 337-TA-894).

    According to the Order, Respondents South China Tire and Rubber Co., Ltd. and Guangzhou South China Tire & Rubber Co., Ltd. (collectively, “Respondents”) moved for summary determination of non-infringement of U.S. Design Patent No. D487,424. Both Complainants and the Commission Investigative Staff opposed the motion.

    Based on a review of the pleadings and exhibits, ALJ Bullock denied the motion. Specifically, ALJ Bullock found that because genuine issues of material fact remain, there was no good cause to grant the motion without a trial of all issues on the merits.