On July 26, 2013, Google, Inc. ("Google") moved to intervene in the investigation, stating that it had a compelling interest in this investigation because the complaint's claim charts relied upon the functionality of Google's software as incorporated on respondents' products, and Google has an interest in the continued importation and sale of products utilizing Google's software. Google further argued that the respondents would not adequately protect Google's interest because respondents would likely focus on defending their own accused products, rather than defend Google's software. The respondents all supported Google's proposed intervention.
On August 5, 2013, Staff opposed Google's motion, assuming that BHM, by opposing intervention, had chosen not to rely upon Google's products in this investigation. Staff stated that it would likely support intervention if BHM's opposition did not disclaim reliance on Google products. Later that day, BHM opposed Google's motion, arguing that the motion was untimely, that Google failed to identify an adequate interest, and that Google's interests were adequately represented by the respondents. BHM did not disclaim reliance upon Google products. Staff then supported Google's motion. See Prehearing Tr. at 38-40.
On August 19, 2013, the ALJ issued the subject ID granting intervenor status to Google. The ALJ found that Google's motion was timely. The ALJ further found that Google has an interest in protecting its products from the allegations presented in BHM's claim charts, and that the disposition of this investigation may as a practical matter impair Google's ability to protect that interest. The ALJ also determined that respondents may not adequately represent Google's interest. The ALJ also found that the investigation was in the early stages of discovery, so Google's intervention would not cause undue delay or prejudice the original parties' rights. No petitions for review of the subject ID were filed.
The Commission has determined not to review the subject ID.
The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).
By order of the Commission.
Dated: September 10, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-22339 Filed 9-12-13; 8:45 am]
BILLING CODE 7020-02-P
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