Two Motions to Stay Enforcement of Relief Denied by Commission
On July 29, 2009 the Commission denied two motions to stay enforcement of relief in separate investigations.
First, the Commission denied respondents’ motion to stay enforcement of the limited exclusion order and cease and desist orders pending appeal in Inv. No. 337-TA-617, In the Matter of Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same. The violation stage of the investigation was terminated by Order of the Commission on April 10, 2009, resulting in the relief at-issue. On June 2, 2009, certain respondents filed a motion to stay enforcement of the relief pending appeal to the Federal Circuit. (PDF)
Second, the Commission also denied a similar motion in Inv. No. 337-TA-605, In the Matter of Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same. In determining whether a stay was appropriate the Commission considered the four-prong test used by courts to determine whether to grant a preliminary injunction. (PDF)
