Complainant Cannot Move For Summary Determination Against Its Own Interests

Judge Pender issued Order No. 19 in Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, denying Complainant The Chamberlain Group's ("CGI") motion for summary determination that the accused products do not infringe one of the asserted patents under the ALJ's claim construction order. CGI moved for summary determination in an attempt to obtain interlocutory Commission review of the claim construction order, but the ALJ denied the motion explaining that summary determination cannot be entered against the moving party's interest.

The Case

The ITC instituted the 1016 Investigation on August 9, 2016 pursuant to a complaint filed by CGI alleging infringement of U.S. Patent Nos. 7,161,319, 7,196,611, and 7,339,336 by various respondents. On December 19, 2016, the ALJ conducted a Markman hearing, and he issued his order construing the patent terms on January 26, 2017. In the claim construction order, the ALJ construed the term "wall console" in the