ALJ Denies Motion to Terminate
On July 24, 2009, ALJ Charneski issued the public version of his February 27, 2009, ruling in which he denied respondent’s motion to terminate the investigation on the ground that the complaint did not allege a claim upon which relief can be granted in Inv. No. 337-TA-655, In the Matter of Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing Or Relating To Same and Certain Products Containing the Same. Respondent’s motion argued that section 337 did not apply to the alleged conduct at-issue because all of the allegedly wrongful acts (alleged trade secret misappropriation) took place outside of the United States. ALJ Charneski disagreed with this position and concluded that a section 337 violation is possible where the act of misappropriation takes place outside of the United States, so long as the other section 337 criteria are met as well. (PDF)
