ALJ Shaw Grants Motion To Strike Testimony And Grants-In-Part Motion To Strike Defenses In Certain Audiovisual Components (337-TA-837)

Posted On: May 7, 2013   by: and
Topics: ALJ Orders, ALJ Shaw

On April 17, 2013, ALJ David P. Shaw issued Order No. 89 and Order No. 90 (both dated April 16, 2013) in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837).

By way of background, the investigation is based on a March 2, 2012 complaint and March 28, 2012 amended complaint filed by LSI Corporation and its subsidiary Agere Systems Inc. alleging violation of Section 337 in regard to certain audiovisual components and products containing same including, without limitation, certain digital televisions, Blu-ray disc players, home theater systems, DVD players and/or recorders that infringe one or more claims of U.S. Patent Nos. 5,870,087 (“the ‘087 patent”), 6,452,958 (“the ‘958 patent”), 6,707,867 (“the ‘867 patent”), and 6,982,663 (“the ‘663 patent”).  See our April 13, 2012 post for more details.

According to Order No. 89, Complainants filed a motion to strike all testimony from witnesses provided on behalf of Realtek Semiconductor Corporation (“Realtek”) directed to Realtek’s “new designs.”  ALJ Shaw granted the motion, as the disputed testimony “applies to products that have not been identified as accused products in this investigation.”

According to Order No. 90, Complainants filed a motion to strike an antitrust defense asserted by Realtek and Respondents Funai Electric Company, Ltd., Funai Corporation, Inc., P&F USA, Inc., and Funai Service Corporation (collectively, “Funai”).  Since Realtek responded that it is “not pursuing its antitrust defense at this time,” ALJ Shaw granted the motion to strike.  Complainants also moved to strike an equitable estoppel defense asserted by Realtek, arguing that it was not included in Realtek’s final responses to contention interrogatories.  Realtek argued that this defense was included in its response to the Second Amended Complaint, as well as set forth in its Pre-hearing Brief.  ALJ Shaw agreed with Realtek and denied the motion, agreeing that Complainants have been on notice of this defense for several months.

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