ALJ Roberts Issues Initial Determination Terminating Investigation
ALJ Roberts granted Complainant Phillips Lumileds Lighting Company, LLC’s motion to withdraw its complaint and terminate the investigation in its entirety in Inv. No. 337-TA-556, In the Matter of Certain High-Brightness Light-Emitting Diodes and Products Containing Same. Commission Rule 210.21(a)(1) permits a motion for an order terminating an investigation provided the motion contain a statement disclosing any agreements between the parties concerning the subject matter of the investigation or stating that no such agreement exists. Phillips’ motion to terminate the investigation states that no such agreement exists in this case. On May 24, 2009 the Federal Circuit vacated the Commissions limited exclusion order and remanded this case to allow respondent to challenge the validity of Phillips’ asserted patent. The asserted patent, however, will expire on December 18, 2009 and Phillips would not be able to complete the entire remand proceeding prior to the patent’s expiration. ALJ Roberts, finding no extraordinary circumstances preventing the termination of the remanded investigation and finding that such a termination to be in the public interest, granted Phillips’ motion. (PDF)
