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`Washington, D.C.
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`In the Matter of
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`CERTAIN BLOWERS AND
`COMPONENTS THEREOF
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`Inv. No. 337-TA-1217
`ENFORCEMENT PROCEEDING
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`ORDER NO. 20:
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`GRANTING MOTIONS: MOTION DOCKET NOS.
`1217-008 AND 1217-006
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`(June 16, 2021)
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`A. MOTION DOCKET NO. 1217-008
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`On May 21, 2021, Complainant Regal Beloit America, Inc. (“Regal”), and Respondents
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`East West Manufacturing LLC and East West Industries (“East West,” and collectively “the
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`Private Parties”) jointly moved for leave to supplement the proposed Markman Exhibit Lists
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`(“Joint Motion”) to add JXM-0007C (Transcript of Deposition of Dr. K. Cameron (May 14,
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`2021)) and JXM-0008C (Transcript of Deposition of Dr. S. Brown (May 18, 2021)). (Motion
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`Docket No. 1217-008; Joint Motion at 1.). Consistent with Ground Rule 2.2., the Private Parties
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`state that Commission Investigative Staff (“Staff” and with Regal and East West, “the Parties”)
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`does not oppose the Private Parties’ Joint Motion. (Id.). The Private Parties explain that
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`Exhibits JXM-0007C and JXM-0008C are transcripts of expert depositions taken after the parties
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`submitted their Markman Exhibit Lists. The Private Parties stated that they believe that both
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`expert deposition transcripts will be helpful in evaluating the parties’ respective claim
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`construction positions.
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`For good cause, the Private Parties’ Joint Motion is granted.
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`If the transcripts have not been filed, they should be filed by close of business on June
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`17, 2021.
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`Page 1 of 3
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`B. MOTION DOCKET NO. 1217-006
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`On May 13, 2021, Regal moved for leave (“Motion for Leave”) to supplement the record
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`with respect to its sanctions motion with several exhibits, including a lawyer’s opinion letter on
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`infringement from 2016. (Motion Docket No. 1217-006; Motion at 1; see also Motion for
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`Sanctions (“Sanctions Motion”), Motion Docket No. 1217-001). Regal explains that certain
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`documents, which include an attorneys’ opinion letter on infringement, were not available to it
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`when Regal filed its Sanctions Motion. (Motion at 1.).
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`On May 14, 2021, East West filed its opposition (“Opposition”) to Regal’s Motion for
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`Leave. (Doc. ID No. 742452; Opp’n at 1.). East West objects to Regal’s Motion for Leave to
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`supplement its Sanctions Motion because East West says that the lawyer’s opinion letter, written
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`five (5) years ago, and other materials Regal seeks to submit, concerns two (2) unaccused
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`Blowers (i.e. the type of product at issue in this proceeding), and therefore, the lawyer’s opinion
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`letter and other materials Regal identified for submission are not relevant to this proceeding. (Id.
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`at 1, 2.).
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`On May 20, 2021, Staff filed its response to Regal’s Motion for Leave. (Doc. ID No.
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`743051; Motion for Leave at 1). Staff supports Regal’s Motion for Leave without taking a
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`position on the merits of the Sanctions Motion or of the opinion letter that Regal seeks to admit
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`into the record. (Id.).
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`It is important that as complete a record as possible be developed since Regal’s Sanctions
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`Motion is a particularly weighty motion. Because Regal’s supplemental materials are necessary
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`for building the record, Regal’s Motion for Leave, Motion Docket No. 1217-006, is granted.
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`However, the Parties should not construe the allowance of Regal’s Motion for Leave as a
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`decision on the merits of Regal’s arguments in its Motion for Leave, including the relevance of
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`Page 2 of 3
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`the materials that Regal has asked to submit. The merits of Regal’s supplemental documentation
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`and of Regal’s Sanctions Motion will be decided later after the record has been developed as
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`completely as possible.
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`SO ORDERED.
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`Page 3 of 3
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`CERTAIN BLOWERS AND COMPONENTS THEREOF
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`
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`Inv. No. 337-TA-1217
`(Enforcement Proceeding)
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached ORDER has been served via EDIS
`upon the Commission Investigative Attorney, Thomas Chen, Esq., and the following parties as
`indicated, on June 16, 2021.
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`On Behalf of Complainant Regal Beloit America, Inc.:
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`Alan Norman, Esq.
`THOMPSON COBURN LLP
`One U.S. Bank Plaza
`St. Louis, MO, 63101
`Email: anorman@thompsoncoburn.com
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`On Behalf of Respondents East West Manufacturing, LLC
`and East West Industries:
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`Adam D. Swain, Esq.
`ALSTON & BIRD LLP
`950 F Street NW
`Washington, DC 20004
`Email: Adam.Swain@alston.com
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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