On July 8, 2009, the ITC released the public version of former ALJ Sydney Harris’ November 20, 2006 Initial Determination in Certain NAND Flash Memory Devices and Products Containing Same (337-TA-553). According to the letter accompanying the release, the public version was issued “[i]n an effort to clarify and complete the record.”
On July 8, 2009, the U.S. International Trade Commission issued a Notice of its decision to modify certain claim constructions made in the final initial determination; an Order remanding the case to Administrative Law Judge Theodore R. Essex to make findings regarding infringement, validity, and domestic industry that are consistent with the modified claim constructions; [...]
On July 7, 2009, the International Trade Commission issued a notice determining not to review the May 8, 2009 Initial Determination (“ID”) issued by ALJ Theodore R. Essex in Certain Composite Wear Components and Products Containing Same (337-TA-644). In the ID, ALJ Essex found respondents AIAE Engineering Limited and Vega Industries (collectively, “respondents”) in default [...]
Further to our June 15 post, on July 7, 2009, Chief ALJ Paul J. Luckern issued Order No. 4 in Certain Energy Drink Products (337-TA-678). According to the Order, ALJ Luckern set September 17, 2010 as the target date for completion of this investigation (which is 15 months after institution of the investigation). ALJ Luckern [...]
On July 2, 2009, eInstruction Corporation (“eInstruction”) of Denton, Texas filed a complaint requesting that the ITC commence an investigation pursuant to section 337. The complaint alleges that proposed respondent Qomo HiteVision, LLC (“Qomo”) of Wixom, Michigan unlawfully imports into the U.S. and sells within the U.S. after importation certain products using collaborative system technology [...]
On June 29, 2009, the Commission issued a Notice entitled “Issuance Of A General Exclusion Order; Termination Of The Investigation” in Certain Hair Irons and Packaging Thereof (Inv. No. 337-TA-637). By way of background, and as explained in our May 5 post, on March 14, 2008, the Commission instituted the investigation based upon a complaint [...]
There are no general ITC rules regarding the procedure for how an Administrative Law Judge (ALJ) is to construe claims and, therefore, claim construction is ALJ specific. Historically, claim construction testimony and evidence in section 337 investigations has been presented during the evidentiary hearing along with other arguments, including, e.g., infringement and invalidity and, thus, [...]
On July 1, 2009, the Commission issued a Notice and Order remanding the investigation to the presiding ALJ and extending the target date in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (337-TA-501). Complainant Amkor Technology, Inc. accused respondents Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem, Inc. (“Carsem”) of infringing claims [...]
On July 2, 2009, Chief ALJ Paul J. Luckern issued the public version of Order No. 37 (dated April 23, 2009) in Certain Video Games and Related Three-Dimensional Pointing Devices (337-TA-658). In the Order, ALJ Luckern required Complainant Hillcrest Laboratories, Inc. (“Hillcrest”), Respondents Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively “Nintendo”), and the [...]
On July 10, 2009, the Federal Circuit is scheduled to hear oral argument in Crocs, Inc. v. ITC (2008-1596). Crocs, Inc. (“Crocs”) filed a complaint with the ITC on March 31, 2006, and an amended complaint on April 27, 2006, against Collective Licensing International, LLC et al. alleging violation of Section 337 by the respondent’s [...]
