On June 12, 2009, ALJ Theodore R. Essex issued Order No. 43 in Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (337-TA-630).  In the Order, ALJ Essex requested that the parties provide supplemental briefing in connection with the Commission’s recently issued opinion in Certain Semiconductor Chips with Minimized Chip Package Size [...]

Public interest factors can override the finding of a violation of Section 337 at the ITC.  Upon finding a violation, the administrative law judge (“ALJ”) considers the impact that exclusion orders would have upon (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) the production of like or directly competitive articles [...]

On June 12, 2009, Chief ALJ Paul J. Luckern issued a notice regarding his Initial Determination in Certain Liquid Crystal Display Modules, Products Containing Same, and Methods for Using the Same (Inv. No. 337-TA-634). According to the notice, ALJ Luckern held that there is a violation of section 337 in this investigation by respondents Samsung [...]

On June 12, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Energy Drink Products (337-TA-678). The investigation is based on the May 15, 2009 complaint filed by Red Bull GmbH of Austria and Red Bull North America, Inc. of Santa Monica, California (collectively, “Red Bull”).  As we explained in our [...]

Further to our May 12 post, on June 11, 2009, ALJ E. James Gildea issued Order No. 7: Setting Procedural Schedule in Certain Wireless Communications Devices and Components Thereof (337-TA-675). According to the Order, the evidentiary hearing in this matter will commence on January 19, 2010.

On June 12, 2009, the ITC issued a Notice of Final Determination in Certain Silicon Microphone Packages and Products Containing Same (337-TA-629) finding a violation of section 337 by MEMS Technology Berhad (“MemsTech”) as a result of infringement of certain claims of U.S. Patent No. 6,781,231 and 7,242,089.  Please note that Oblon Spivak represents MemsTech [...]

On June 10, 2009, ALJ E. James Gildea issued the public version of Order No. 8 (dated June 1, 2009) in Certain Active Comfort Footwear (Inv. No. 337-TA-660).  In the Order, ALJ Gildea denied Respondent RYN Korea Co. Ltd.’s (“RYN”) motion for summary determination of non-infringement of U.S. Patent No. 6,341,432 (the “‘432 patent”). According [...]

Further to our May 22 post, on June 3, 2009, the International Trade Commission issued the public version of its Opinion in Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-605).  In the Opinion, the Commission reversed ALJ Theodore R. Essex’s finding that respondents Spansion, Inc., Spansion, LLC (collectively [...]

On June 11, 2009, the Commission issued a Notice determining that it would review Chief ALJ Paul J. Luckern’s May 8, 2009 Initial Determination in Certain Short-Wavelength Light Emitting Diodes, Laser Diodes and Products Containing Same (Inv. No. 337-TA-640).  As explained in our June 11 post, ALJ Luckern granted Complainant Professor Gertrude Neumark Rothschild’s motion [...]

On June 10, 2009, Chief ALJ Paul J. Luckern issued the public version of his May 8, 2009 Initial Determination (Order No. 72) in Certain Short-Wavelength Light Emitting Diodes, Laser Diodes and Products Containing Same (Inv. No. 337-TA-640), granting Professor Gertrude Neumark Rothschild’s motion for summary determination that she satisfied the domestic industry requirement.  One day later, [...]