On March 10, 2009, ALJ Carl C. Charneski issued a notice indicating that he granted Complainant Farouk System, Inc.’s motion for summary determination of violation of section 337 in the matter of Certain Hair Irons and Packaging Thereof (Inv. No. 337-TA-637). The notice further indicates that ALJ Charneski also issued a Recommended Determination (in the [...]
On March 9, 2009, ALJ E. James Gildea issued the public version of his February 23, 2009 Order No. 22 in Certain Laser Imageable Lithographic Printing Plates (337-TA-636). In the Order, ALJ Gildea denied respondents VIM Technologies, Ltd., Hanita Coatings RCA, Ltd., AteCe Canada, Guaranteed Service & Supplies, Inc., Recognition Systems, Inc., and Spicers Paper, [...]
On March 9, 2009, the Commission issued a Final Determination finding a violation of 19 U.S.C. § 1337 by the 9 remaining respondents — General Protecht Group, Inc., Shanghai ELE Manufacturing Corporation, Shanghai Meihao Electric, Inc., Wenzhou Trimone Company, Cheetah USA Corp., Nicor, Inc., Orbit Industries, Inc., The Designer’s Edge, and Colacino Electric Supply, Inc. [...]
On March 9, 2009, the U.S. International Trade Commission voted to institute an investigation of certain adjustable keyboard support systems and components thereof. The investigation is based on a February 10, 2009 complaint filed by Humanscale Corporation of New York, New York. As explained in our February 17 post, the complaint alleges violations of Section [...]
On March 5, 2009, ALJ Theodore R. Essex issued Order No. 21 in Certain Composite Wear Components and Products Containing Same (337-TA-644). In the Order, ALJ Essex granted complainants Magotteaux S/A and Magotteaux, Inc.’s (Magotteaux’s) motion to strike respondents AIA Engineering Ltd. and Vega Industries Ltd.’s (AIAE’s) identification of its proposed expert witness as untimely. [...]
On March 5, 2009, ALJ Theodore R. Essex issued Order No. 20 in Certain Composite Wear Components and Products Containing Same (337-TA-644). In the Order, ALJ Essex denied respondent AIAE Engineering and Vega Industries Ltd.’s (AIAE) motion to terminate the investigation based on an arbitration agreement. According to the Order, the arbitration agreement was contained [...]
In many ways, section 337 practice is similar to patent litigation in the federal district courts. However, there are a number of subtle, yet important, distinctions. By way of just one example, hearsay is generally admissible in section 337 proceedings at the ITC. “‘Hearsay’ is a statement, other than one made by the declarant while [...]
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. The investigation is based on a February 3, 2009 complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd., and Avago Technologies Ltd. [...]
On February 27, 2009, Professor Gertrude Rothschild of Columbia University in New York filed a complaint requesting that the ITC commence an investigation pursuant to section 337. The complaint alleges that the following companies unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain light emitting diode [...]
On February 27, 2009, ALJ Carl C. Charneski issued Order No. 15 in Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same (337-TA-655). In the Order, ALJ Charneski denied non-party Westinghouse Air Brake Technologies Corporation’s (Wabtec) motion to quash a subpoena duces tecum and ad testificandum [...]
