The Federal Circuit will conduct an en banc hearing on March 3, 2010 in Princo Corp. v. Int’l Trade Comm’n, (2007-1386). As detailed in our April 21, 2009 post, in the original decision, the panel remanded the case back to the International Trade Commission to consider one of Princo’s patent misuse defenses. By way of [...]
On February 24, 2010, the 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-630). On December 29, 2009, the Commission issued a notice determining that a violation of Section 337 did not occur in this investigation. See our December 30, [...]
On February 24, 2010, the Federal Circuit issued its opinion in Crocs, Inc. v. Int’l Trade Comm’n, No. 2008-1596. This was an appeal from the ITC’s final determination in Certain Foam Footwear (Inv. No. 337-TA-567) that U.S. Patent No. 6,993,858 (the ‘858 patent) was obvious, that U.S. Patent No. D517,789 (the ‘789 patent) was not [...]
On February 23, 2010, Chief ALJ Paul J. Luckern issued a notice regarding the Initial Determination (“ID”) in Certain Adjustable Keyboard Support Systems and Components Thereof (Inv. No. 337-TA-670). The Complainant in this investigation is Humanscale Corporation and the Respondents are CompX International, Inc. and Waterloo Furniture Corporation Ltd. d/b/a CompX Waterloo. According to the [...]
Under 28 U.S.C. § 1659(a), upon timely request of a Section 337 Respondent, who is also a party in a civil action, a “district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before [...]
On February 19, 2010, Infineon Technologies AG of Germany and Infineon Technologies North America Corp. of Milpitas, California (collectively, “Infineon”) 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 within [...]
On February 18, 2010, the International Trade Commission issued a notice determining to reverse ALJ Charles E. Bullock’s October 30, 2009 Supplemental Initial Determination (“Supplemental ID”) and remand the investigation in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501). By way of background, the Complainant in this investigation is Amkor Technology, [...]
On February 19, 2010, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Wireless Communication System Server Software, Wireless Handheld Devices And Battery Packs (Inv. No. 337-TA-706). The investigation is based on a January 22, 2010 complaint filed by Motorola, Inc. of Schaumburg, Illinois alleging [...]
On February 19, 2010, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Notebook Computer Products and Components Thereof (Inv. No. 337-TA-705). The investigation is based on a January 19, 2010 complaint filed by Toshiba Corporation of Japan alleging violation of Section 337 in the [...]
On February 19, 2010, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Mobile Communications And Computer Devices and Components Thereof (Inv. No. 337-TA-704). The investigation is based on a January 15, 2010 complaint filed by Apple Inc. (formerly known as Apple Computer, Inc.) of [...]
