By Eric Schweibenz
|
Apr
13
On April 8, 2009, the Commission issued a Notice of Commission Final Determination in Certain Self-Cleaning Litter Boxes and Components Thereof (337-TA-625) affirming ALJ Rogers’ finding that both  Respondents Lucky Litter, L.L.C. (“Lucky Litter”) and OurPet’s Company (“OurPet’s”) violated section 337 as a result of infringement of U.S. Patent No. RE36,847 (“the ‘847 patent”).

As explained in our February 11 post, the investigation was instituted on December 28, 2007, based on the complaint of Applica Consumer Products, Inc. of Miramar, Florida and Waters Research Company of West Dundee, Illinois.  On December 1, 2008, ALJ Rogers determined that the Respondents Lucky Litter and OurPet’s violated section 337 based on the importation, sale for importation, or sale after importation of certain self-cleaning litter boxes and components thereof by reason of infringement of claim 33 of the ‘847 patent.  Thereafter, on February 9, 2009,  the Commission decided to review ALJ Rogers’ construction of six claim terms in the ‘847 patent, findings on infringement and validity and nine questions of particular interest to the Commission.


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By Tom Fisher
|
Apr
10
As indicated in our March 2 post, on February 26, 2009, ALJ Theodore R. Essex issued his initial determination in the matter of Certain Refrigerators and Components Thereof (Inv. No. 337-TA-632).  On April 6, ALJ Essex issued the public version of his Initial Determination.

In the ID, ALJ Essex determined that Respondents LG Electronics Corp., Inc., LG Electronics, USA, Inc., and LG Electronics Monterrey, Mexico S.A. de C.V. (collectively “LG”) did not violate section 337 through their admitted importation, sale for importation, and sale after importation of certain refrigerators because the refrigerators do not infringe Complainants Whirlpool Corp., Whirlpool Manufacturing Corp., Whirlpool Patent Corp., and Maytag Corp.’s (collectively “Whirlpool’s”) U.S. Patent No. 6,082,130.


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By Eric Schweibenz
|
Apr
09
On April 8, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 19 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers granted-in-part respondents LSI Corporation, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, Seagate Technologies International (Singapore), and Seagate (US) LLC’s (collectively “Respondents”) motion to preclude complainant Qimonda AG (“Qimonda”) from offering claim constructions for any claim term for which Qimonda’s proposed construction was “plain and ordinary meaning” or “plain meaning.”

In the Order, ALJ Rogers noted that his procedural schedule required the parties to (i) exchange lists of claim construction terms, and (ii) submit a joint list showing each party’s proposed claim constructions.  ALJ Rogers further noted that “Qimonda’s proposed constructions for many of the disputed claim terms is stated as ‘plain and ordinary meaning’ or ‘plain meaning.’”  Respondents objected to this approach and argued that Qimonda’s constructions were “nothing more than a strategic placeholder” and that Qimonda “was required to offer an actual definition, and not simply state that the term should be accorded its plain and ordinary meaning.”


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By Tom Fisher
|
Apr
09
On April 7, 2009, Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania filed a complaint requesting that the ITC commence an investigation pursuant to section 337.

The complaint alleges that Universal Smart Electric Corp. (“USE”) of Irvine, California unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain lighting control devices, including dimmer switches and/or switches and parts thereof that infringe certain claims of U.S. Patent Nos. 5,637,930 (‘930 patent), 5,248,919 (‘919 patent), and U.S. Trademark Reg. No. 3,061,804 (‘804 trademark).


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By Eric Schweibenz
|
Apr
08
On April 6, 2009, the Commission issued a Notice in the matter of Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof (337-TA-604).  The Commission also issued a limited exclusion order against eleven companies that defaulted or failed to participate in the investigation.

The full opinion of the Commission is confidential.  We will provide an update with more information once the public version of the opinion is issued.


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