In the Matter of Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (Inv. No. 337-TA-1012)

Analysis Group worked with Sony Corporation, the subject of a Section 337 investigation by the US International Trade Commission (ITC) concerning patents related to magnetic tape data storage. Fujifilm alleged that Sony, having been found to have infringed certain of Fujifilm’s patents, then violated the terms of a cease and desist order by continuing to sell infringing products. Fujifilm sought the imposition of penalties during an ITC enforcement proceeding.

An Analysis Group team led by Vice President Andrew Clarke supported Managing Principal John C. Jarosz, who submitted an expert report, was deposed, and submitted written testimony at the evidentiary hearing. As part of his analysis, Mr. Jarosz assessed past ITC enforcement decisions, and undertook an evaluation of the EPROMs factors, including evidence related to the good faith actions of Sony to comply with the cease and desist order.

The administrative law judge concluded that although a violation occurred, Sony had acted in good faith, and recommended a penalty that was consistent with the penalty recommended by Mr. Jarosz’s analysis and considerably less than that sought by Fujifilm.