By Eric Schweibenz
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Dec
16
On December 14, 2009, a Federal Circuit panel consisting of Judges Bryson, Archer, and Moore issued a per curiam judgment, pursuant to Federal Circuit Rule 36, affirming the ITC’s final determination in Tillotson Corporation v. ITC (2009-1196).

As explained in our November 25 post, the underlying investigations in connection with this appeal were Certain Nitrile Gloves (Investigation Nos. 337-TA-608/612) and the Commission’s final determination was that there was no violation of Section 337.


By Eric Schweibenz
|
Dec
16
On December 14, 2009, the International Trade Commission issued a notice determining to review a portion of the October 13, 2009 final initial determination (“ID”) issued by ALJ E. James Gildea in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same (Inv. No. 337-TA-650).  In the notice, the Commission also determined to extend the target date in this investigation to March 17, 2010.

By way of background, the Complainant in this investigation is John Mezzalingua Associates, Inc. d/b/a PPC, Inc. (“PPC”) and the Respondents are Fu Ching Technical Industry Co. Ltd.,  Gem Electronics, Inc. (collectively, “Respondents”), Hanjiang Fei Yu Electronics Equipment Factory, Zhongguang Electronics, Yangzhou Zhongguang Electronics Co., Ltd., and Yangzhou Zhongguang Foreign Trade Co., Ltd. (collectively, the “Defaulting Respondents”).  The investigation was instituted on May 30, 2008.  On October 13, 2009, ALJ Gildea issued the ID, finding that no violation of Section 337 had occurred in connection with Respondents’ importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain coaxial cable connectors by reason of infringement of U.S. Patent No. 5,470,257 (the ‘257 patent).  The ID further found that the Defaulting Respondents were in violation of Section 337 for reasons of infringement of the ‘257 patent, U.S. Patent Nos. 6,558,194; D440,539 (the ‘539 patent); and D519,076.  See our November 10 post for more details.


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By Eric Schweibenz
|
Dec
16
On December 14, 2009, the International Trade Commission issued a notice determining to review in its entirety the final initial determination on remand issued by ALJ Theodore R. Essex on October 9, 2009 in Certain Refrigerators and Components Thereof (Inv. No. 337-TA-632).

By way of background, the Complainants in this investigation are Whirlpool Corp., Whirlpool Manufacturing Corp., Whirlpool Patents Co., and Maytag Corp. (collectively, “Whirlpool”) and the Respondents are LG Electronics Corp., Inc., LG Electronics, USA, Inc., and LG Electronics Monterrey, Mexico S.A. de C.V. (collectively, “LG”).  The investigation was instituted on February 21, 2008.  On February 26, 2009, ALJ Essex issued the initial determination, finding no violation of Section 337 with respect to United States Patent No. 6,082,130 (the ‘130 patent).  On April 27, 2009, the Commission decided to review the ID in its entirety and requested briefing by the parties on the issue of claim construction.  In its July 8, 2009 opinion, the Commission (i) modified the ID’s claim construction for the terms “freezer compartment,” “disposed within the freezer department,” and “ice storage bin having a bottom opening,” (ii) affirmed the ID’s construction of the term “ice maker,” and (iii) determined to remand the investigation to the ALJ to make findings regarding infringement, validity, and domestic industry consistent with the Commission’s claim constructions.  See our July 8 post for more details.  On July 22, 2009, LG filed a petition for reconsideration of the Commission’s decision to modify the ALJ’s claim constructions of the phrases “freezer compartment” and “disposed within the freezer compartment.”  On August 28, 2009, the Commission denied LG’s petition.  See our September 1 post for more details.  On October 9, 2009, ALJ Essex issued his initial determination on remand (“RID”), finding no violation of Section 337.  Specifically, in the RID, ALJ Essex determined (1) that the accused refrigerators and components thereof do not infringe the asserted claims of the ‘130 patent literally or under the doctrine of equivalents; (2) that claims 1, 2, 4, 6, and 9 of the ‘130 patent are invalid under 35 U.S.C. § 103 for obviousness, but that claim 8 of the ‘130 patent is not invalid under 35 U.S.C. § 103; and (3) a domestic industry exists.


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