By Eric Schweibenz
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Nov
23
On November 19, 2009, the International Trade Commission issued a notice deciding to extend the target date for completion of the investigation in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).

By way of background, and as explained in our October 8 post, the Complainant in this investigation is General Electric Co. and the Respondents are Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries America, Inc., and Mitsubishi Power System, Inc.  On August 7, 2009, ALJ Carl C. Charneski issued an initial determination (“ID”) finding violation of Section 337.  On October 8, 2009, the Commission issued a notice determining to review the ID.


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On December 10, 2009, the Federal Circuit is scheduled to hear oral argument in Ajinomoto Co., Inc. v. ITC (2009-1081).

By way of background, on April 25, 2006, Ajinomoto Heartland LLC filed a complaint with the ITC alleging that Global Bio-Chem Technology Group Co., Ltd.; Changchun Dacheng Bio-Chem Engineering Development Co., Ltd.; Changchun Baocheng Bio Development Co., Ltd.; Changchun Dahe Bio Technology Development Co., Ltd.; and Bio-Chem Technology (HK) Ltd. (collectively, “GBT”) were violating Section 337 by importing lysine made by methods that infringed two patents:  U.S. Patent No. 5,827,698 (the ‘698 patent) and U.S. Patent No. 6,040,160 (the ‘160 patent).  The Commission initiated an investigation on May 24, 2006 styled as Certain L-Lysine Feed Products, Their Methods of Production and Genetic Constructs for Production (337-TA-571).  Ajinomoto Heartland LLC’s parent company, Ajinomoto Co., Inc., was later added as a complainant.  On March 11-14, 2008, ALJ Bullock held an evidentiary hearing, and on July 31, 2008 issued an Initial Determination (“ID”) in the investigation, finding no violation of Section 337, due to the invalidity of the asserted claims.  On September 29, 2008, the Commission reviewed and took no position on ALJ Bullock’s findings that the relevant claim of the ‘160 patent was invalid for failure to comply with the best mode requirement of 35 U.S.C. §112 “to the extent that finding was based on fictitious data” and that the ‘160 patent was unenforceable for inequitable conduct.  It declined to review the remainder of the ID.  Thus, the Commission terminated the investigation, and adopted the ID as its Final Determination, finding no violation of Section 337.  On November 24, 2008, Complainants Ajinomoto Co., Inc., and Ajinomoto Heartland LLC (collectively, “Ajinomoto”) appealed the decision of the ITC to the Federal Circuit.


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By Eric Schweibenz
|
Nov
20
On November 18, 2009, ALJ Carl C. Charneski issued Order No. 17: Procedural Schedule in Certain Connecting Devices (“Quick Clamps”) For Use With Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRL’s”) That Are Part Of Larger Pneumatic Systems and the FRL Units They Connect (Inv. No. 337-TA-587).  Please note that Oblon Spivak represents Respondents SMC Corporation and SMC Corporation of America in this matter.

According to the Order, a one-day evidentiary hearing in this remand proceeding will take place on April 21, 2010.


By Eric Schweibenz
|
Nov
19
On November 18, 2009 ALJ Robert K. Rogers, Jr. issued Order No. 14 denying respondent Sidergas SpA’s (“Sidergas”) motion for summary determination of invalidity of claim 1 of U.S. Patent No. 6,260,781 (the ‘781 patent) in Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686).

According to the Order, Sidergas filed its summary determination motion on October 27, 2009.  Complainants Lincoln Electric Company and Lincoln Global, Inc. (collectively “Lincoln”) and the Commission Investigative Staff filed responses on November 6, 2009 opposing the motion.  In addition, respondents Atlantic China Welding Consumables, Inc., ESAB AB, Hyundai Welding Co., Ltd., and Kiswel Ltd. filed a joint response on November 6, 2009 in support of Sidergas’ motion.  On November 12, 2009, Sidergas filed a motion for leave to file a reply in support of its motion, which was denied.


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By Eric Schweibenz
|
Nov
19
On November 17, 2009 Chief ALJ Paul J. Luckern issued the heavily redacted public version of Order No. 27 (dated November 4, 2009) granting Complainant Humanscale Corporation’s (“Humanscale”) motion for summary determination on the economic prong of the domestic industry requirement in Certain Adjustable Keyboard Support Systems and Components Thereof (Inv. No. 337-TA-670).

According to the Order, Humanscale filed its summary determination motion on October 2, 2009.  Respondents CompX International, Inc. and Waterloo Furniture Corporation Ltd. d/b/a CompX Waterloo (collectively, “CompX”) filed an opposition to the motion on October 14, 2009.  While the Commission Investigative Staff (the “Staff”) also filed an opposition to the motion on October 14, 2009, Staff argued that it would not oppose a motion by Humanscale for leave to supplement its motion with a “brief declaration by a competent witness setting forth what portion of its total investment in ‘keyboard support systems’ is attributable to those products Humanscale asserts are covered by the [asserted patent].”  On October 20, 2009, Humanscale filed a motion for leave to file a reply memorandum in further support of its motion “in order to provide additional facts requested by the [Staff]…”  ALJ Luckern granted Humanscale’s motion for leave on October 21, 2009 and ordered the Staff and CompX to respond to Humanscale’s reply no later than October 26, 2009.


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