By Eric Schweibenz
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Mar
30
According to a March 27, 2009 letter sent to the ITC, Microsoft has sought to formally withdraw its February 25, 2009 complaint against TomTom.

As we explained in our February 27, 2009 post, Microsoft’s complaint alleges, among other things, that TomTom N.V. of the Netherlands and TomTom, Inc. of Concord, Massachusetts (collectively, “TomTom”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain portable navigation computing devices and associated computer software that infringe certain claims of five Microsoft U.S. Patents.


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By Eric Schweibenz
|
Mar
27
On March 25, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Electronic Devices, Including Handheld Wireless Communications Devices (337-TA-673).  The investigation is based on a February 23, 2009 complaint filed by Saxon Innovations, LLC of Tyler, Texas.

As explained in our February 24 post, the complaint alleges that Samsung Electronics Co., Ltd of Korea, Samsung Electronics America, Inc. of Ridgefield Park, New Jersey, and Samsung Telecommunications America, LLP of Richardson, Texas (collectively, “Samsung”) imports into the U.S. (in addition to sale for importation into the U.S. and/or sale within the U.S. after importation) certain electronic devices including handheld, wireless communications devices that infringe certain claims of U.S. Patent No. 5,235,635; 5,530,597, and 5,608,873.


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By Barry Herman
|
Mar
27
On March 25, 2009, SPH America, LLC of Vienna, Virginia filed a complaint requesting that the ITC commence an investigation pursuant to section 337.

The complaint alleges that Kyocera Corp. of Japan;  Kyocera Wireless Corp. of San Diego, California;  Kyocera Sanyo Telecom, Inc. of Woodland Hills, California;  MetroPCS Communications, Inc. of Richardson, Texas;  MetroPCS Wireless, Inc. of Dallas, Texas;  and Sprint Nextel Corporation of Overland Park, Kansas unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wireless communications devices and components thereof that infringe certain claims of U.S. Patent No. RE 40,385 and U.S. Patent No. 5,960,029.


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By Eric Schweibenz
|
Mar
26
On March 25, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Electronic Devices Having Image Capture Or Display Functionality And Components Thereof (337-TA-672).

The investigation is based on a March 10, 2009 complaint filed by LG Electronics, Inc. of Korea.  As explained in our February 24 post, the complaint alleges that Eastman Kodak Company imports into the U.S. (in addition to sale for importation into the U.S. and/or sale within the U.S. after importation) electronic devices having image capture or display functionality that infringe certain claims of U.S. Patent Nos. 5,995,767, 5,774,131, and 6,281,895.  According to the complaint, the ‘767 patent discloses “a method and apparatus for automatic focus controlling of a camera,” the ‘131 patent discloses “a sound generation and display control apparatus,” and the ‘895 patent discloses “an apparatus and method for implementing an on-screen display (OSD) menu for an image display device.”


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By Eric Schweibenz
|
Mar
25
On March 24, 2009, Chief ALJ Paul J. Luckern issued Order No. 21 in Certain Video Game Machines and Related Three-Dimensional Pointing Devices (337-TA-658).  In the Order, Chief ALJ Luckern determined that “written testimony for direct testimony of witnesses will be limited to non-controversial testimony” and “expert reports are not to be admitted with evidence.”

According to the Order, the parties made submissions on March 20, 2009 regarding the issue of witness statements and expert reports.  With respect to witness statements, all of the parties agreed that the use of witness statements should be permitted in lieu of live direct testimony on certain non-controversial matters, such as, for example, witness qualifications, educational history, work experience, etc. 


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