ALJ Charneski Enters Initial Determination that Cognex Meets the Economic Prong of the Domestic Industry Requirement But Denies Cognex's Motion on the Technical Prong
ALJ Charneski enters an initial determination that Cognex carried its burden to show the economic prong of the domestic industry requirement. None of the Respondents opposed.
None of the Respondents opposed Cognex’s motion on the technical prong either. However, the Commission Investigative Staff opposed the motion because Cognex failed to offer any claim construction. ALJ Charneski agreed and found the lack of claim construction to be the silver bullet that took down Cognex’s motion. The lack of claim construction was not found to be remedied by Cognex’s technical expert’s declaration repeating claim terms and technical discussion of the Cognex products. (PDF)
