On June 3, 2009, the U.S. International Trade Commission issued a press release indicating that it voted to institute an investigation of Certain Course Management System Software Products (337-TA-677).

According to a May 15, 2009 letter from ITC Secretary Marilyn Abbott, the ITC postponed its vote on institution of this investigation in view of a request from counsel for Blackboard.


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On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 23 (dated April 28, 2009) in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers granted-in-part and denied-in-part Complainant Qimonda AG’s (“Qimonda”) motion to compel Respondent LSI Corporation (“LSI”) to produce certain documents and witnesses and granted-in-part and denied-in-part non-party Chartered Semiconductor Manufacturing Inc.’s (“Chartered USA”) motion to quash and/or limit a subpoena served by Qimonda.

As an initial matter, ALJ Rogers analyzed Qimonda’s and Chartered USA’s motions together because they both related to the definition of the term “Relevant Products” used in Qimonda’s discovery requests.  Qimonda’s definition of the term “Relevant Products” included seven defined categories.


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By Eric Schweibenz
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Jun
05
On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public versions of Order No. 28 (dated April 30, 2009) and Order No. 34 (dated May 6, 2009) in Certain Semiconductor Integrated Circuits and Products Containing Same (Inv. No. 337-TA-665).  In Order No. 28, ALJ Rogers denied respondent LSI Corp.’s (“LSI”) motion for summary determination that it does not infringe the asserted claims of complainant Qimonda AG’s (“Qimonda”) U.S. Patent No. 5,213,670 (the “‘670 patent”).  In Order No. 34, ALJ Rogers granted-in-part and denied-in-part LSI’s motion for summary determination that it does not infringe the asserted claims of Qimonda’s U.S. Patent No. 6,103,456 (the “‘456 patent”).  The public versions of the orders are heavily redacted.

LSI filed both motions for summary determination on April 8, 2009.  Qimonda filed oppositions on April 20, 2009.  The Commission Investigative Staff filed responses opposing the motion for summary determination of non-infringement of the ‘670 patent but supporting the motion for summary determination of non-infringement of the ‘456 patent on April 20, 2009.


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By Eric Schweibenz
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Jun
04
On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 41 (dated May 12, 2009) in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers granted-in-part and denied-in-part Complainant Qimonda AG’s (“Qimonda”) motion to compel respondent LSI Corporation (“LSI”) to produce certain documents as kept in the ordinary course of business.

ALJ Rogers first determined that Qimonda met its meet and confer obligations under the ground rules by raising the issue of LSI’s purported failure to produce documents as they are kept in the ordinary course of business during a Discovery Committee meeting and a follow-up letter.


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By Eric Schweibenz
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Jun
04
On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 38 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers denied Complainant Qimonda AG’s (“Qimonda”) motion to compel respondents LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, and Seagate (US) LLC to produce knowledgeable witnesses.

In the Order, ALJ Rogers determined that Qimonda violated Ground Rules 3.2 and 3.5 (requiring parties to make good-faith efforts to resolve discovery disputes without ALJ intervention and to meet and confer to resolve discovery disputes at least two business days prior to filing a motion) in connection with its motion.


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