On February 25, 2009, Microsoft Corporation of Redmond, Washington filed a complaint requesting that the ITC commence an investigation pursuant to section 337. The complaint alleges that TomTom N.V. of the Netherlands and TomTom, Inc. of Concord, Massachusetts (collectively, “TomTom”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation [...]

On February 23, 2009, Saxon Innovations, LLC of Tyler, Texas filed a complaint requesting that the ITC commence an investigation pursuant to section 337. The complaint alleges that Samsung Electronics Co., Ltd of Korea, Samsung Electronics America, Inc. of Ridgefield Park, New Jersey, and Samsung Telecommunications America, LLP of Richardson, Texas (collectively, “Samsung”) imports into [...]

On February 20, 2009, LG Electronics, Inc. of Korea filed a complaint requesting that the ITC commence an investigation pursuant to section 337 against Eastman Kodak Company. This is the latest installment between Kodak and its Korean competitors concerning patent rights.  Kodak filed a 337 complaint against LG (and Samsung) on November 17, 2008 which resulted [...]

35 U.S.C. § 315(c) is the well known and oft-cited civil action estoppel provision of the codified inter partes reexamination laws (35 U.S.C. §311 et seq.).  Section 315(c) prevents an adverse party (i.e., a third party requester) from seeking district court review of the same validity questions presented in the inter partes reexamination proceedings.  Specifically, [...]

On February 20, 2009, ALJ E. James Gildea issued an order setting April 22, 2009 for a technology tutorial and Markman argument in the matter of Certain Laser Imageable Lithographic Printing Plates  (Inv. No. 337-TA-636). Regarding technology tutorials, ALJ Gildea states in the order that “brief technology tutorials will be useful in setting the stage [...]

On February 18, 2009, ALJ Robert K. Rogers, Jr. issued an order denying complainant Saxon Innovations, LLC’s  (“Saxon’s”) motion to amend its complaint to add Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLP (collectively “Samsung”) as respondents in the matter of Certain Electronic Devices, Including Handheld Wireless Communications Devices (Inv. [...]

On February 18, 2009, ALJ Robert K. Rogers, Jr. issued an order in the matter of Certain Base Stations and Wireless Microphones (Inv. No. 337-TA-653) denying the joint motions of complainant L-3 Communications Mobile-Vision, Inc. and respondents KCi Communications, Inc., Digital Ally, Inc., and Trinus Systems, Inc. to terminate the investigation as to those respondents [...]

On February 17, 2009, Samsung Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc. filed a complaint requesting that the ITC commence an investigation pursuant to section 337. The complaint alleges that Eastman Kodak Company imports into the U.S. (in addition to sale for importation into the U.S. and/or sale within the U.S. after [...]

On February 10, 2009, Administrative Law Judge Roger K. Rogers, Jr. issued the public version of his January 12, 2009 Initial Determination in the matter of Certain Silicon Microphone Packages and Products Containing the Same (Inv. No. 337-TA-629).  Please note that Oblon Spivak represents respondent MEMS Technology Berhad (“MemsTech”) in this matter.  In the ID, ALJ [...]

When asked to identify the major differences between patent litigation in the ITC and in federal district court, most practitioners would likely identify 1) the domestic industry requirement and 2) the form of relief (injunctive relief but no money damages).  Another difference is that certain defenses to infringement are not available to respondents in the [...]