The Perils of Ignoring ITC Complaints - Default Judgment
As a follow up on our earlier post on Tessera's ITC action, the Administrative Law Judge (ALJ) recently made an Initial Determination that respondents TwinMOS Technologies Inc. and TwinMOS Technologies USA Inc. (collectively "TwinMOS") are in default for failure to respond. Given the speed of ITC actions, it is crucial to bring your attorneys into the loop as soon as possible. This decision is a reminder that burying your head in the sand will not make the problem go away.
On March 12, 2008, the ALJ issued an order to show cause regarding entry of default against TwinMOS. TwinMOS replied in a letter to the ALJ, asserting it replied to Tessera's Complaint on January 8, 2008 and stating it is "a memory module house" and is "not in a position to involve in the patent litigation matters or to be liable to the charge."
The ALJ found that since TwinMOS' letter, TwinMOS has failed to participate in the investigation, including failing to participate in discovery, appear at evidentiary hearings, and filing any requested briefings. As a result of the entry of default, TwinMOS have waived their right to appear, to be served with further documents, and to contest the allegations at issue in the investigation.
