By Eric Schweibenz
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Aug
25
Further to our July 14 and August 21 posts, on August 24, 2009, ALJ Carl C. Charneski issued Order No. 8: Setting Procedural Schedule in Certain Machine Vision Software, Machine Vision Systems, and Products Containing Same (Inv. No. 337-TA-680).

According to the Order, ALJ Charneski set May 3-12, 2010 for the evidentiary hearing in this matter.


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By Tom Fisher
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Aug
25
On August 24, 2009, the International Trade Commission issued a notice determining to review in part the April 10, 2009 final Initial Determination (“ID”) issued by ALJ Charles E. Bullock in Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same (Inv. No. 337-TA-619).

This investigation was instituted on December 12, 2007, based on the complaint of SanDisk Corp. of Milpitas, California.  According to the Notice, over 50 respondents were named in the complaint, and approximately half of the named respondents either settled out of the investigation or defaulted.


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By Eric Schweibenz
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Aug
25
On August 24, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain MLC Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-683).

The investigation is based on a July 27, 2009 complaint filed by BTG International Inc. (“BTG”) of West Conshohocken, Pennsylvania.  As we explained in our July 28 post, the complaint alleges violation of Section 337 in the importation into the U.S. and sale of certain MLC flash memory chips and products containing the same, which allegedly infringe BTG’s U.S. Patent Nos. 5,394,362, 5,764,571, 5,872,735, 6,104,640, and 6,118,692.


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By Eric Schweibenz
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Aug
25
On August 24, 2009, the International Trade Commission issued a notice determining not to review the July 24, 2009 Initial Determination (“ID”) of ALJ Theodore R. Essex staying the investigation in Certain Course Management System Software Products (Inv. No. 337-TA-677). 

By way of background, and as explained in our April 22 and June 5 posts, Complainant Blackboard, Inc. accused Respondent Desire2Learn Incorporated of violating Section 337 based on infringement of U.S. Patent No. 6,988,138 (the ‘138 patent).  The ‘138 patent is currently involved in a reexamination proceeding at the U.S. Patent and Trademark Office and an appellate proceeding before the Federal Circuit.


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By Eric Schweibenz
|
Aug
24
Further to our July 29 post, on August 21, 2009, the International Trade Commission released the public version of its opinion denying certain Respondents’, including Vizio, Inc., TPV International (USA), Inc., and Envision Peripherals, Inc. (collectively, “Respondents”), joint motion to stay enforcement of a limited exclusion order (“LEO”) and cease and desist orders (“C&D Orders”) in Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same (Inv. No. 337-TA-617).

By way of background, on April 10, 2009, the Commission terminated this investigation with a finding of violation of Section 337 by reason of infringement of claims 1, 5, and 23 of U.S. Patent No. 6,115,074 (the “‘074 patent”).  See our April 14 and May 5 posts for more information.  In connection with its Final Determination, the Commission issued an LEO against the Respondents, and C&D Orders directed to Vizio, TPV USA, and Envision, among others.


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