By Tom Fisher
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Apr
30
On April 27, 2009, the U.S. International Trade Commission issued a Notice determining to review the February 26, 2009 Initial Determination (“ID”) issued by Administrative Law Judge Theodore R. Essex in Certain Refrigerators and Components Thereof (Inv. No. 337-TA-632).

The investigation was instituted on February 21, 2008, based on the complaint of Whirlpool Corp., Whirlpool Manufacturing Corp., Whirlpool Patent Corp., and Maytag Corp. (collectively “Whirlpool”).  The respondents are LG Electronics Corp., Inc., LG Electronics, USA, Inc., and LG Electronics Monterrey, Mexico S.A. de C.V. (collectively “LG”).


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By Eric Schweibenz
|
Apr
29
On April 23, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 8 in Certain Electronic Devices Including Handheld Wireless Communications Devices (337-TA-673).  In the Order, ALJ Rogers granted the Commission Investigative Staff’s (the “Staff”) motion to consolidate investigation No. 337-TA-673 with investigation No. 337-TA-667.

Respondents Panasonic Corporation, Panasonic Corporation of America, and Panasonic Consumer Electronics Company (collectively “Panasonic”) and Palm, Inc. (“Palm”) from investigation No. 337-TA-667 opposed the motion.  Complainant Saxon Innovations, LLC (“Saxon”) (the complainant in both investigations) as well as respondents Nokia Corporation, Nokia Inc. (collectively “Nokia”), Research In Motion Ltd. and Research In Motion Corp. (collectively “RIM”) from investigation No. 337-TA-667 and respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively “Samsung”) from investigation No. 337-TA-673 did not oppose the motion. 


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By Barry Herman
|
Apr
28
On May 4, 2009, the Federal Circuit is scheduled to hear oral argument in Norgren Inc. v. ITC (2008-1415).  Please note that Oblon Spivak represents SMC Corporation and SMC Corporation of America (“SMC”) in this matter.

By way of background, on October 6, 2006, Norgren Inc. (“Norgren”) filed a complaint with the ITC against SMC alleging violation of Section 337 by SMC’s importation and sale of certain connecting devices or clamps that connect together modular filters, regulators and lubricators (“FRLs”) used for conditioning compressed air in pneumatic systems.  After the Commission instituted an investigation (337-TA-587) and an evidentiary hearing was held, ALJ Carl C. Charneski issued an initial determination (“ID”) on February 13, 2008 in which he found no violation of Section 337 because SMC’s accused connectors do not receive generally rectangular ported flanges of the FRLs as required by the patent-in-suit.  Norgren petitioned for review, and the Commission rendered a final decision on April 14, 2008 adopting the ALJ’s ID.  Norgren appealed the Commission’s decision.


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By Eric Schweibenz
|
Apr
24
As indicated in our March 18 post, on March 16, 2009, ALJ Theodore R. Essex issued his initial determination (“ID”) in the matter of Certain Computer Products, Computer Components and Products Containing Same (Inv. No. 337-TA-628).  On April 14, ALJ Essex issued the public version of his 172-page ID.

In the ID, ALJ Essex held that no violation of section 337 has occurred by respondents ASUSTeK Computer, Inc. and ASUS Computer International (“Respondents”) because the accused products do not infringe U.S. Patent Nos. 5,008,829, 5,249,741, and 5,371,852.  ALJ Essex further determined that the patents-in-suit are valid and that Complainant International Business Machines (“IBM”) satisfied the domestic industry requirement of section 337 for each of the patents-in-suit.


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By Eric Schweibenz
|
Apr
22
On April 20, 2009, Blackboard Inc. of Washington, D.C. filed a complaint requesting that the ITC commence an investigation pursuant to section 337.

The complaint alleges that Desire2Learn Incorporated of Canada unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain course management system software products that infringe certain claims of U.S. Patent No. 6,988,138.


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