By Eric Schweibenz
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Jun
24
Further to our June 18 post, ALJ Charles E. Bullock issued Order No. 2 on June 23, 2009.  In the Order, ALJ Bullock issued notice of his ground rules, set the target date for the investigation, and set a date for submission of discovery statements. 

Specifically, ALJ Bullock set October 25, 2010 as the target date for completion of the investigation (which is 16 months after institution of the investigation).  ALJ Bullock further indicated in the Order that the evidentiary hearing in this matter will start on January 11, 2010.


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On June 22, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 20 in Certain Non-Shellfish Derived Glucosamine and Products Containing Same (337-TA-668).  In the Order, ALJ Rogers denied respondent Nantong Foreign Medicines & Health Product Co., Ltd.’s (NFT) motion for summary determination of invalidity.

According to the Order, complainant Cargill, Inc. asserts that NFT infringes claims 1-10 of U.S. Patent No. 7,049,433 (the ‘433 patent), which are directed to a method of making glucosamine.  Claim 1 is an independent claim, and claims 2-10 depend from claim 1.


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By Eric Schweibenz
|
Jun
22
On June 19, 2009, the International Trade Commission issued a notice determining not to review the April 17, 2007 Enforcement Initial Determination (“ED”) issued by Chief Administrative Law Judge Paul J. Luckern in Certain Ink Cartridges and Components Thereof (337-TA-565).

As explained in our April 21 post, ALJ Luckern determined that enforcement respondents Ninestar Technology Company Ltd., Ninestar Technology Co., Ltd. and Town Sky, Incorporated violated the orders issued at the conclusion of Investigation No. 337-TA-565.  ALJ Luckern further determined that Mipo International, Mipo America, Ribbon Tree USA, and Apex Distributing Inc. sold compatible and remanufactured cartridges that were “covered products” under the cease and desist order issued by the Commission.  ALJ Luckern also recommended that the Commission impose civil penalties for such violations.


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By Eric Schweibenz
|
Jun
18
On June 17, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Products Advertised as Containing Creatine Ethyl Ester (337-TA-679).

The investigation is based on the May 20, 2009 complaint filed by UNeMed Corporation (“UNeMed”) of Omaha, Nebraska.  As we explained in our May 20 post, the complaint alleges violations of section 337 based on the importation into the United States, the sale for importation, and the sale within the United States of certain products advertised as containing creatine ethyl ester by reason of false advertising in violation of Section 43(a) of the Lanham Act and the Nebraska Uniform Deceptive Trade Practices Act, the threat or effect of which is to destroy or substantially injure an industry in the United States.


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By Eric Schweibenz
|
Jun
17
On June 12, 2009, ALJ Theodore R. Essex issued Order No. 43 in Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (337-TA-630).  In the Order, ALJ Essex requested that the parties provide supplemental briefing in connection with the Commission’s recently issued opinion in Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (337-TA-605) (see our June 11 post for details about this opinion).

Specifically, ALJ Essex sought “the parties’ arguments on how the Commission’s Opinion in the ‘605 Investigation and its findings on Dr. Qu’s infringement analysis will affect the ALJ’s analysis in this investigation, if at all.”  ALJ Essex further noted that “[t]he parties should limit their briefing to the infringement analysis for the ‘627 and the ‘977 Patents in this investigation.”


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