By Tom Fisher
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Jul
21
On July 20, 2009, the International Trade Commission issued a Notice determining not to review ALJ Carl C. Charneski’s June 26, 2009 Initial Determination (“ID”) in Certain Semiconductor Integration Circuits Using Tungsten Metallization and Products Containing Same (Inv. No. 337-TA-648) granting respondent STMicroelectronics N.V.’s (“ST”) motion for summary determination of no violation of section 337.

The Commission instituted the 648 investigation on May 21, 2008 based on a complaint filed by LSI Corp. and Agere Systems Inc. for infringement of U.S. Patent No. 5,227,335.  The complaint named numerous respondents, including ST.


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By Tom Fisher
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Jul
21
On July 20, 2009, ALJ Theodore R. Essex issued Order No. 4 in Certain Course Management System Software Products (Inv. No. 337-TA-677) setting the target date for completing the investigation.

According to the Order, ALJ Essex set October 12, 2010 as the target date (which is 16 months after institution of the investigation).  ALJ Essex further indicated that any final initial determination on violation should be filed no later than June 9, 2010.  In addition, ALJ Essex noted that the evidentiary hearing in this matter will commence on February 22, 2010.  In the Order, ALJ Essex also observed that these target and hearing dates might be extended if he grants a currently pending motion to stay the investigation in light of a reexamination proceeding at the U.S. Patent and Trademark Office, and an appellate proceeding before the U.S. Court of Appeals for the Federal Circuit.


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By Barry Herman
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Jul
16
On July 14, 2009, Chief ALJ Paul J. Luckern issued the public version of the April 17, 2009 Enforcement Initial Determination (“ED”) in Certain Ink Cartridges and Components Thereof (337-TA-565).  See our April 21 post.  The underlying investigation was requested by Complainants Seiko Epson Corporation, Epson America, Inc., and Epson Portland Inc. (“Epson”).

The ED found that certain Respondents violated a Limited Exclusion Order, a General Exclusion Order and a Cease and Desist Order issued by the Commission on October 19, 2007.  The Respondents at issue were Ninestar Technology Co. Ltd. and Ninestar Technology Company Ltd. (collectively, “Ninestar”), Town Sky Inc., Mipo International, Ltd. and Mipo America, Ltd. (collectively, “Mipo”), Ribbon Tree (USA) Inc. and Apex Distributing, Inc.


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By Eric Schweibenz
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Jul
16
On July 15, 2009, ALJ Carl C. Charneski issued Order No. 110 in Certain Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same (337-TA-648).  In the Order, ALJ Charneski stayed the investigation as to respondent Qimonda AG (“Qimonda”) in view of a July 2, 2009 Order issued by the U.S. Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”).

In the Order, ALJ Charneski noted that the Bankruptcy Court issued a preliminary injunction ordering that the ITC investigation be stayed with respect to Qimonda “pending a determination on the Recognition Order.” ALJ Charneski further noted that the “Bankruptcy Court’s Order does not extend to any of the other respondents in this investigation” and “the hearing in this investigation will commence on July 20, 2009.”


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By Eric Schweibenz
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Jul
15
On July 14, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 8 in Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (337-TA-676).  In the Order, ALJ Rogers granted complainant Lutron Electronics Co., Inc. (“Lutron”) and respondent Universal Smart Electric Corp.’s (“Universal”) joint motion to terminate the investigation based on a Consent Order.

In view of the Commission Investigative Staff’s support of the joint motion, an agreement between Lutron and Universal, and the fact that Universal was the sole respondent in this investigation, ALJ Rogers determined that “termination of this investigation is in the public interest and does not impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers.”


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