Static Control said in a Statement:
The ITC Commission’s decision to review the Initial Determination (ID) by Administrative Law Judge Dee Lord does not change the course for Static Control at this time. The ID stands until another ruling is made. Most telling is that the Commission did not ask for any further briefing on claim construction, which led to the finding of non-infringement.
Instead, the Commission has instructed the parties to assume that the Commission affirms Judge Lord’s claim construction ruling as they answer these two discrete questions – 1) Is Canon still seeking relief from the 30+ respondents that defaulted prior to Judge Lord’s ruling, and 2) Is Canon bound by the allegations made in the complaint and if so, how does this affect the Commission’s authority to issue default judgments or other remedies against those respondents that defaulted?
As requested, we will assume that Judge Lord’s ID stands as we address our arguments to the Commission’s questions and look forward to their decision in the coming months.