Archive for June, 2009

Did You Know…That All Counterclaims Asserted in Section 337 Cases are Automatically Removed to U.S. District Court?

Tuesday, June 30th, 2009

Respondents involved in patent infringement investigations at the ITC typically raise affirmative defenses in response to a Section 337 complaint.  Similar to district court practice, respondents may also assert counterclaims.  In Section 337 actions, however, counterclaims are automatically removed to a U.S. District Court of appropriate venue so as not to delay the ITC investigation. […]

ALJ Essex Issues Claim Construction Order in Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers (337-TA-661)

Monday, June 29th, 2009

On June 22, 2009, ALJ Theodore R. Essex issued Order No. 12, construing the disputed terms of the asserted claims of the patents-in-suit in Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same (Inv. No. 337-TA-661). In this investigation, Complainant Rambus, Inc. (“Rambus”) alleges that respondents NVIDIA Corp.; Asustek Computer […]

ALJ Bullock Issues Initial Determination in Certain Probe Card Assemblies (337-TA-621)

Monday, June 29th, 2009

On June 29, 2009, ALJ Charles E. Bullock issued a notice regarding his Final Initial Determination and Recommended Determination on Remedy and Bond in Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-621).  According to the notice, ALJ Bullock held that there […]

ITC Issues Final Determination Of Violation In Certain Liquid Crystal Display Devices (337-TA-631)

Friday, June 26th, 2009

On June 24, 2009, the ITC issued a Notice of Commission Decision to affirm-in-part and reverse-in-part a final Initial Determination (“ID”) finding a violation of section 337 by Sharp Corporation, Sharp Electronics Corporation, and Sharp Electronics Manufacturing Company of America, Inc. (collectively, “Sharp”) as a result of infringement of certain claims of U.S. Patent No. […]

Lutron Files New 337 Complaint Regarding Certain Light Control Devices and Dimmer Switches

Thursday, June 25th, 2009

On June 23, 2009, Lutron Electronics Co. (“Lutron”) of Coopersburg, Pennsylvania filed a complaint requesting that the ITC commence an investigation pursuant to section 337. The complaint alleges that Neptun Light, Inc. (“Neptun”) of Lake Bluff, Illinois unlawfully imports into the U.S., sells for importation, or sells within the U.S. after importation certain lighting control […]

Did You Know . . . Importation Is A Separate Requirement In Section 337 Cases?

Thursday, June 25th, 2009

Section 337 of the Tariff Act of 1930, codified at 19 U.S.C. § 1337, authorizes the ITC to declare unlawful the “importation into the United States, the sale for importation, or the sale within the United States after importation. . . of articles that – (i) infringe a valid and enforceable United States patent . […]

Update Regarding Certain Products Advertised As Containing Creatine Ethyl Ester (337-TA-679)

Wednesday, June 24th, 2009

Further to our June 18 post, ALJ Charles E. Bullock issued Order No. 2 on June 23, 2009.  In the Order, ALJ Bullock issued notice of his ground rules, set the target date for the investigation, and set a date for submission of discovery statements.  Specifically, ALJ Bullock set October 25, 2010 as the target […]

ALJ Rogers Denies NFT’s Motion For Summary Determination Of Invalidity In Certain Non-Shellfish Derived Glucosamine (337-TA-668)

Tuesday, June 23rd, 2009

On June 22, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 20 in Certain Non-Shellfish Derived Glucosamine and Products Containing Same (337-TA-668).  In the Order, ALJ Rogers denied respondent Nantong Foreign Medicines & Health Product Co., Ltd.’s (NFT) motion for summary determination of invalidity. According to the Order, complainant Cargill, Inc. asserts that NFT […]

ITC Decides Not To Review Enforcement Initial Determination In Certain Ink Cartridges (337-TA-565)

Monday, June 22nd, 2009

On June 19, 2009, the International Trade Commission issued a notice determining not to review the April 17, 2007 Enforcement Initial Determination (“ED”) issued by Chief Administrative Law Judge Paul J. Luckern in Certain Ink Cartridges and Components Thereof (337-TA-565). As explained in our April 21 post, ALJ Luckern determined that enforcement respondents Ninestar Technology […]

ITC Institutes Investigation (337-TA-679) Regarding Certain Products Advertised As Containing Creatine Ethyl Ester

Thursday, June 18th, 2009

On June 17, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Products Advertised as Containing Creatine Ethyl Ester (337-TA-679). The investigation is based on the May 20, 2009 complaint filed by UNeMed Corporation (“UNeMed”) of Omaha, Nebraska.  As we explained in our May […]