By Eric Schweibenz
On January 23, 2014, ALJ David P. Shaw issued the public version of Order No. 38 in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).

According to the Order, Complainant Black Hills Media, LLC (“BHM”) filed a Motion for Summary Determination of Compliance with the Economic Prong of the Domestic Industry Requirement.  Respondents Samsung Electronics Co., Ltd., Samsung Electronics America. Inc., Samsung Telecommunications America, LLC, LG Electronics, Inc., LG Electronics U.S.A., Inc., LG Electronics MobileComm U.S.A., Inc., Panasonic Corporation, Panasonic Corporation of North America, Toshiba Corporation, and Toshiba America Information Systems, Inc. (collectively, “Respondents”) filed a joint opposition to the pending motion.  

BHM argued that the economic prong of the domestic industry requirement was satisfied because BHM’s licensee and its consolidated subsidiaries have made substantial and significant investments in an industry in the United States with respect to articles protected by asserted U.S. Patent Nos. 6,618,593, 8,045,952, 8,050,652, and 8,214,873 (the “asserted patents”). 

After reviewing the parties’ briefs and evidence supplied therewith, ALJ Shaw determined that BHM had not shown that it was entitled to summary determination as a matter of law.  Specifically, ALJ Shaw found that genuine issues of material fact existed as to whether certain expenditures are significant or substantial investments in articles protected by the asserted patents.  Accordingly, ALJ Shaw denied the motion.