By Eric Schweibenz
|
May
02
Further to our April 28, 2011 post, on April 29, 2011, the International Trade Commission issued a notice determining to extend the supplemental briefing schedule relating to certain domestic industry-related issues by seven days in Certain Multimedia Display And Navigation Devices And Systems (337-TA-694).

According to the April 28 notice, written submissions of the parties to the investigation are now due by May 10, 2011, with reply submissions now due by May 24, 2011.  Written submissions from members of the public will now be accepted anytime on or before May 24, 2011.


By Eric Schweibenz
|
May
02
Further to our March 25, 2011 post, on April 29, 2011, Chief ALJ Paul J. Luckern issued Order No. 4 in Certain Vaginal Ring Birth Control Devices (Inv. No. 337-TA-768).

According to the Order, ALJ Luckern set May 29, 2012 as the target date (which is 14 months after institution of the investigation).  ALJ Luckern further determined that any final initial determination on violation should be filed no later than January 30, 2012 and the evidentiary hearing will commence on October 3, 2011.


Read More

By Eric Schweibenz
|
Apr
29
On April 27, 2011, ALJ E. James Gildea issued Order No. 14: Setting Revised Procedural Schedule in Certain Products Containing Interactive Program Guide And Parental Controls Technology (Inv. No. 337-TA-747).

By way of background, the Complainant in this investigation is Rovi Corporation, Rovi Guides, Inc., and United Video Properties, Inc. — all of Santa Clara, California — and Index Systems, Inc. of the British Virgin Islands.  The Respondents in this investigation are Toshiba Corp. of Japan, Toshiba America, Inc. of New York, New York, Toshiba America Consumer Products, L.L.C. of Wayne, New Jersey, and Toshiba America Information Systems, Inc. of Irvine, California.


Read More

By Eric Schweibenz
|
Apr
29
On April 27, 2011, ALJ E. James Gildea issued Order No. 3:  Setting Procedural Schedule in Certain Glassware (Inv. No. 337-TA-767).

By way of background, the Complainant in this investigation is Boston Beer Corporation of Boston, Massachusetts and the Respondents are 1 Source Signature Glassware, Inc., di Sciacca Co., and San Tan Brewing Co., all of Chandler, Arizona.


Read More

On April 28, 2011, the Federal Circuit issued a non-precedential opinion in John Mezzalingua Associates, Inc. (d/b/a PPC, Inc.) v. Int’l Trade Comm’n, No. 2010-1373.  This was an appeal from the ITC’s final determination in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same (Inv. No. 337-TA-650).  In the Initial Determination (“ID”), ALJ Gildea found for the Complainant (“PPC”) (see our November 10, 2009 post for more details), but the ITC reversed ALJ Gildea’s claim construction and concluded that no violation under Section 337 had occurred.  On appeal, the Federal Circuit reversed and remanded the Commission’s final determination, finding that ALJ Gildea had properly construed the claims.

By way of background, the investigation was instituted on May 30, 2008.  PPC is the Complainant and there were eight respondents, none of whom were part of the Federal Circuit appeal, and four of whom ultimately defaulted.  PPC only sought a violation on appeal with respect to the four defaulting respondents – Hanjiang Fei Yu Electronics Equipment Factory, Zhongguang Electronics, Yangzhou Zhongguang Electronics Co., Ltd., and Yangzhou Zhongguang Foreign Trade Co., Ltd.  On October 13, 2009, ALJ Gildea issued his ID finding, inter alia, that the defaulting respondents were in violation of Section 337 by reason of infringement of U.S. Patent Nos. 5,470,257 (the ‘257 patent), in addition to 6,558,194, D519,076, and D440,539.  With respect to the ‘257 patent, which was the subject of the appeal, ALJ Gildea concluded that a domestic industry existed in the ‘257 patent, holding that PPC’s “CMP” connector practiced all elements of claim 1.


Read More