On September 14, 2009, the International Trade Commission issued a notice determining to review in part ALJ Bullock’s June 29, 2009 initial determination (“ID”) finding no violation of Section 337 by Respondents Phicom Corp., Phiam Corp., Micronics Japan Co., Ltd., and MJC Electronics Corp. (“Respondents”) in Certain Probe Card Assemblies, Components Thereof and Certain Tested [...]

On September 21, 2009, the United States International Trade Commission issued a Notice of Commission Final Determination of Violation of Section 337 in Certain Cigarettes and Packaging Thereof (Inv. No. 337-TA-643).  In the notice, the Commission affirmed the ALJ’s Initial Determination (“ID”) that Alcesia SRL (“Alcesia”) violated Section 337 and issued a general exclusion order. [...]

On September 18, 2009, Ricoh Company, Ltd of Japan, Ricoh Americas Corporation of West Caldwell, New Jersey, and Ricoh Electronics, Inc. of Tustin, California (collectively, “Ricoh”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that Oki Data Corporation of Japan and Oki Data Americas, Inc. of [...]

On September 18, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 7: Setting Target Date in Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686). According to the Order, the Initial Determination will be due on August 9, 2010, and the target date for completion of this investigation is [...]

Further to our September 14 and September 17 posts, ALJ E. James Gildea issued Order No. 1: Protective Order; and Order No. 2: Notice of Ground Rules and Setting Target Date and Date for Submission of Proposed Procedural Schedule in Certain Video Displays, Components Thereof, and Products Containing Same (Inv. No. 337-TA-687). In Order No. [...]

On September 15, 2009, Safe Skies, LLC of Brooklyn, New York and David Tropp of Brooklyn, New York (collectively, “Safe Skies”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that the following proposed respondents (collectively, “Respondents”) unlawfully import into the U.S., sell for importation, and sell [...]

Further to our September 14 post, Chief ALJ Paul J. Luckern issued a notice assigning ALJ E. James Gildea as the presiding Administrative Law Judge in Certain Video Displays, Components Thereof, and Products Containing Same (Inv. No. 337-TA-687).

On September 11, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Video Displays, Components Thereof, and Products Containing Same (Inv. No. 337-TA-687). The investigation is based on a August 12, 2009 complaint and August 27, 2009 amended complaint filed by LG Electronics, Inc. [...]

Further to our August 4 post, ALJ E. James Gildea issued Order No. 4: Setting Procedural Schedule in Certain Collaborative System Products and Components Thereof (Inv. No. 337-TA-682). According to the Order, ALJ Gildea has provided dates in the procedural schedule for submission of proposed claim constructions for disputed claim terms and noted that “absent [...]

In Section 337 actions, the domestic industry requirement includes two prongs: (1) the economic prong, which involves investment activities, and (2) the technical prong, which involves the practice of the asserted intellectual property right. Subsection 337(a)(3) defines domestic industry as follows:     An industry in the United States shall be considered to exist if there [...]