On September 5, 2012, ALJ Pender granted respondents Sony Corporation and Sony Corporation of America's (collectively "Sony") motion for termination of Inv. No. 337-TA-807, Certain Digital Photo Frames and Image Display Devices and Components Thereof, based upon entry of a consent order. Complainant Technology Properties Limited, LLC ("TPL") opposed the motion on several grounds, including an objection based on a six-month grace period to conduct infringing activities sought by Sony. ALJ Rogers noted that whether a grace period was proper where a motion for termination was opposed, was a matter of first impression. He held that on the facts of this case, a six-month grace period based on a date specific and not dependent upon the occurrence of an uncertain event in the future was proper. However, the opinion explicitly acknowledged that the issue of whether such a grace period is proper when a motion to terminate based on a consent order is opposed "may be a matter for the Commission to decide as a matter of policy."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.