On May 19, 2009, the Federal Circuit issued its opinion in Erbe Elektromedizin GMBH v. ITC, No. 2008-1358.  Judge Dyk, sitting on a panel with Chief Judge Michel and Judge Rader, affirmed the ITC’s claim construction and findings of no infringement. By way of background, the ITC instituted the underlying investigation (Certain Endoscopic Probes for [...]

On May 15, 2009, Red Bull GmbH of Austria and Red Bull North America, Inc. of Santa Monica, California (collectively, “Red Bull”) filed a complaint requesting that the ITC commence an investigation pursuant to section 337. According to the complaint, the following proposed respondents unlawfully import into the U.S., sell for importation, and sell and [...]

On May 14, 2009, ALJ Carl C. Charneski issued the public version of Order No. 35 (dated May 6, 2009) in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).  In the Order, ALJ Charneski denied complainant General Electric Co.’s (“GE”) motion in limine to prevent respondents Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy [...]

On May 14, 2009, ALJ Carl C. Charneski issued the public versions of Order No. 37 (dated May 6, 2009) and Order No. 40 (dated May 7, 2009) in Certain Variable Speed Wind Turbines And Components Thereof (337-TA-641).  In the Orders, ALJ Charneski denied Respondents Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries America, Inc., and [...]

On May 14, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 43 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers ruled on requests filed by complainant Qimonda AG (“Qimonda”) and respondents LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) [...]

On May 5, 2009, ALJ Charles E. Bullock issued Order No. 5 – Setting the Procedural Schedule in Certain Digital Cameras (337-TA-671). According to the Order, ALJ Bullock set a 14 month target date of May 24, 2010 for completion of this investigation in Order No. 2.  The parties thereafter submitted discovery statements and ALJ [...]

Further to our April 20 post, ALJ Carl C. Charneski issued Order No. 6 – Procedural Schedule in Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof (337-TA-672). According to the Order, the evidentiary hearing in this matter will commence on February 1, 2010. Additionally, Lynn Levine, the Director of the Office [...]

Further to our March 11 and April 13 posts, on April 20, 2009, Chief ALJ Paul J. Luckern issued Order No. 7 – setting procedural schedule in Certain Adjustable Keyboard Support Systems and Components Thereof (337-TA-670). In the Order, ALJ Luckern sets the procedural schedule, including the schedule for the evidentiary hearing which will take [...]

Further to our April 30 post, on May 1, 2009, ALJ E. James Gildea issued Order No. 2 – Notice of Ground Rules and Setting Target Date in Certain Wireless Communications Devices and Components Thereof (337-TA-675). According to the Order, ALJ Gildea set August 27, 2010 as the target date for completion of the investigation [...]

On May 6, 2009, ALJ Carl C. Charneski issued Order No. 36 in Certain Variable Speed Wind Turbines And Components Thereof (337-TA-641).  In the Order, ALJ Charneski denied Respondents Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries America, Inc., and Mitsubishi Power Systems Americas, Inc.’s (collectively, “MHI”) motion in limine seeking an order precluding complainant General [...]