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ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct, ITC Blog

February 2018

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In a recent order, Administrative Law Judge ("ALJ") Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. ("Paice") motion for evidentiary sanctions against Respondent Ford Motor Company ("Ford") for allegedly violating previous discovery-related Order 17. In the Matter of Certain Hybrid Electric Vehicles And Components Thereof, Inv. No. 337-TA-1042, Order No. 32 (December 7, 2017). Specifically, Paice alleged that Ford failed to produce emails from three retired employees and Board of Directors’ ("BOD") meeting records relating to Ford’s hybridization efforts. Paice sought "an adverse inference that Ford: (1) studied and learned Paice’s patented method of control from 1999 through 2004; (2) monitored Paice’s progress in licensing the asserted patents with various automakers knowing full well of its infringement; and (3) copied Paice’s patented method of control."

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