Commission Declines Review of ALJ's ID Permitting Amendment of Complaint and Notice of Investigation
The ITC issued notice that it will not review the presiding administrative law judge's initial determination (“ID”) (Order No. 19) granting complainants' motion to amend the complaint and notice of investigation in Inv. No. 337-TA-698, In the Matter of Certain DC-DC Controllers and Products Containing Same.
On April 12, 2010, Complainant Richtek had moved for leave to amend its complaint to assert dependent claims 8-11 of the ’190 patent on the basis of newly discovered evidence produced by the respondents. Respondents opposed the motion, arguing that Richtek's two-month delay in asserting these patent claims caused them prejudice. The IA did not oppose the motion. On April 22, 2010, the ALJ issued an ID granting Richtek's motion. Order No. 19 (Apr. 22, 2010), finding good cause for Richtek's delay.
