By Eric Schweibenz
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Jun
29
On June 29, 2009, ALJ Charles E. Bullock issued a notice regarding his Final Initial Determination and Recommended Determination on Remedy and Bond in Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-621). 

According to the notice, ALJ Bullock held that there is no violation of section 337 in this investigation by respondents Phicom Corp., Phiam Corp., Micronics Japan Co., Ltd., and MJC Electronics Corp. 


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By Eric Schweibenz
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Jun
26
On June 24, 2009, the ITC issued a Notice of Commission Decision to affirm-in-part and reverse-in-part a final Initial Determination (“ID”) finding a violation of section 337 by Sharp Corporation, Sharp Electronics Corporation, and Sharp Electronics Manufacturing Company of America, Inc. (collectively, “Sharp”) as a result of infringement of certain claims of U.S. Patent No. 6,771,344 (the “‘344 patent”).

This investigation was instituted on January 25, 2008, based on a complaint filed by Samsung Electronics Co., Ltd. of Korea.


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By Barry Herman
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Jun
25
On June 23, 2009, Lutron Electronics Co. (“Lutron”) of Coopersburg, Pennsylvania filed a complaint requesting that the ITC commence an investigation pursuant to section 337.

The complaint alleges that Neptun Light, Inc. (“Neptun”) of Lake Bluff, Illinois unlawfully imports into the U.S., sells for importation, or sells within the U.S. after importation certain lighting control devices and parts thereof that infringe certain claims of U.S. Patent No. 5,637,930 (“the ‘930 patent”).


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By Chad Gorka
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Jun
25
Section 337 of the Tariff Act of 1930, codified at 19 U.S.C. § 1337, authorizes the ITC to declare unlawful the “importation into the United States, the sale for importation, or the sale within the United States after importation. . . of articles that - (i) infringe a valid and enforceable United States patent . . . ; or (ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent.”  Actions under this statute only require the ITC to have in rem jurisdiction over the imported articles at issue.  Unlike the personal jurisdiction requirement to bring an infringement case in a U.S. district court, the ITC does not need personal jurisdiction over any party. 

The explicit requirement in section 337 is often referred to as the importation requirement.  In the ITC, a complainant must establish that infringing articles have been, or imminently will be, imported into the United States in order to prevail.  In contrast, establishing importation is not required when initiating a patent infringement case in a U.S. district court.  Proving importation in a section 337 proceeding is not typically arduous.  Parties often stipulate to this element while, in other cases, importation is decided by the ITC on summary determination. 


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By Eric Schweibenz
|
Jun
24
Further to our June 18 post, ALJ Charles E. Bullock issued Order No. 2 on June 23, 2009.  In the Order, ALJ Bullock issued notice of his ground rules, set the target date for the investigation, and set a date for submission of discovery statements. 

Specifically, ALJ Bullock set October 25, 2010 as the target date for completion of the investigation (which is 16 months after institution of the investigation).  ALJ Bullock further indicated in the Order that the evidentiary hearing in this matter will start on January 11, 2010.


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