The John Marshall Review of Intellectual Property Law has recently published an issue of its law review devoted entirely to section 337 litigation at the ITC. The issue is entitled “A Written Symposium on Litigation Before the International Trade Commission,” and features six articles, including an article written by ALJ Carl C. Charneski. ALJ Charneski’s [...]
Further to our March 19 post, ALJ Luckern has issued a notice indicating that ALJ Charles E. Bullock will handle the investigation of certain digital cameras. Certain Digital Cameras (337-TA-671). Also, according to the Notice of Investigation, Bryan F. Moore of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this [...]
On March 19, 2009, the U.S. International Trade Commission voted to institute an investigation of certain digital cameras. The investigation is based on a February 17, 2009 complaint filed by Samsung Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc. As explained in our February 19 post, the complaint alleges that Eastman Kodak Company [...]
Patent owners often simultaneously file suits in both the ITC and district court on the same patent(s). If an ITC investigation is ongoing, an accused infringer can request, as a matter of right, a stay of the parallel district court action under 28 U.S.C. § 1659. Even if the accused infringer does not request a [...]
On March 16, 2009, ALJ Theodore R. Essex issued a notice regarding his Initial Determination in the matter of Certain Computer Products, Computer Components and Products Containing Same (Inv. No. 337-TA-628). According to the notice, ALJ Essex held that no violation of section 337 has occurred in the importation into the U.S., the sale for [...]
As indicated in our March 3 post, on February 26, 2009, the U.S. International Trade Commission voted to institute an investigation of certain non-shellfish derived glucosamine and products containing same. Certain Non-Shellfish Derived Glucosamine and Products Containing Same (337-TA-668). On March 11, ALJ Rogers issued Order No. 4 setting the procedural schedule for the investigation. [...]
As indicated in our March 6 post, on March 5, 2009, the U.S. International Trade Commission voted to institute an investigation of certain optoelectronic devices, components thereof, and products containing the same. Certain Optoelectronic Devices, Components Thereof, And Products Containing the Same (337-TA-669). Since our March 6 post, ALJ Luckern issued a notice indicating that [...]
According to an excerpt from the March 13, 2009 Federal Register, the U.S. International Trade Commission issued a notice indicating that its Electronic Document Information System (EDIS) will be unavailable for use from 6:00 p.m. on Thursday, March 26, 2009 until 6:00 a.m. on Monday, March 30, 2009. According to the notice, while EDIS is [...]
On March 13, 2009, the U.S. International Trade Commission issued a Notice determining to review in part the final Initial Determination (“ID”) issued by Administrative Law Judge Robert K. Rogers, Jr. on January 12, 2009, in the matter of Certain Silicon Microphone Packages and Products Containing the Same (Inv. No. 337-TA-629). Please note that Oblon [...]
On March 12, 2009, ALJ Charles E. Bullock issued an order granting a joint motion to stay the investigation filed in Certain Flash Memory Chips and Products Containing the Same (Inv. No. 337-TA-664). According to the order, the private parties filed a motion to stay the investigation for ninety days to gain the necessary approvals [...]
