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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By Barry Herman
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Jul
14
On July 13, 2009, the International Trade Commission issued a notice determining not to review the March 16, 2009 Initial Determination (“ID”) in the matter of Certain Computer Products, Computer Components and Products Containing Same (Inv. No. 337-TA-628).  ALJ Theodore R. Essex issued the public version of the ID on April 14.  See our April 24 post

The Commission instituted the 628 investigation on January 14, 2008 based on a complaint filed by IBM for infringement of three patents -- U.S. Patent Nos. 5,008,829, 5,249,741, and 5,371,852.   The respondents were ASUSTeK Computer, Inc., ASUS Computer International, Pegatron Technology Corp., and Unihan Technology Corp. (collectively, ASUS).


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By Eric Schweibenz
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Jul
14
On July 13, 2009, ALJ E. James Gildea issued the public version of Order No. 12 in Certain Active Comfort Footwear (337-TA-660).  In the Order, ALJ Gildea granted Complainants Masai Marketing & Trading AC and Masai USA Corp.’s (“Masai”) (1) motion to terminate the Investigation in its entirety by reason of confidential settlement agreement with Respondent RYN Korea Co. Ltd. (“RYN”), and (2) motion to withdrawal its Complaint against the remaining respondents The Tannery (“Tannery”) and A Better Way to Health (“Better Way”).

According to the Order, while Complainants only settled with RYN and not the other named respondents (Tannery and Better Way), Masai requested that the investigation be terminated with respect to all respondents because “RYN is the only producer of the accused products in this Investigation.”  The Commission Investigative Staff supported the termination motion and did not oppose the withdrawal motion.


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By Eric Schweibenz
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Jul
14
On July 13, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Machine Vision Software, Machine Vision Systems, And Products Containing Same (337-TA-680).

The investigation is based on a May 28, 2009 complaint filed by Cognex Corp. of Natick, Massachusetts and Cognex Technology & Investment Corp. of Mountain View, California.  As we explained in our May 29 post, the complaint alleges violations of section 337 in the importation into the U.S. and sale of certain machine vision software, machine vision systems, and products containing same that infringe certain claims of U.S. Patent Nos. 7,016,539; 7,065,262; and 6,959,112.


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