By John Presper
On February 5, 2014, ALJ David P. Shaw issued Order No. 39 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, Respondents Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC (collectively, “Samsung”) moved for partial summary determination of invalidity of U.S. Patent No. 8,214,873 (the ‘873 patent).  Specifically, Samsung argued that the ‘873 patent specification fails to include the required written description support for the “without user input” limitation in the asserted claims.  Complainant Back Hills Media, LLC and the Commission Investigative Staff opposed the motion.

ALJ Shaw determined that genuine issues of material fact remain as to whether a person of ordinary skill in the art would consider that the inventor of the ‘873 patent possessed the claimed subject matter as of the filing date.  Accordingly, the motion was denied.