By Eric Schweibenz
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Mar
03
On February 27, 2009, ALJ Carl C. Charneski issued Order No. 15 in Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same (337-TA-655).  In the Order, ALJ Charneski denied non-party Westinghouse Air Brake Technologies Corporation’s (Wabtec) motion to quash a subpoena duces tecum and ad testificandum served by complainant Amsted Industries Incorporated (Amsted). 

According to the Order, the subpoena at issue requested that Wabtec produce documents responsive to fourteen categories and that Wabtec present a representative to testify at a deposition on twelve topics. 


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By Eric Schweibenz
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Mar
03
On February 27, 2009, ALJ Paul J. Luckern issued the public version of his February 9, 2009 Order No. 40 in Certain 3G Mobile Handsets and Components (337-TA-613).  In the Order, ALJ Luckern denied respondents Nokia Corporation and Nokia Inc.’s (Nokia) motion for a one-day claim construction hearing and a speedy claim construction order.

According to the Order, Nokia argued in support of its motion, among other things, that “although [ALJ Luckern] does not normally conduct claim construction hearings prior to an evidentiary hearing, the unique circumstances of this investigation warrant a separate hearing.”  Specifically, Nokia argued that conducting a claim construction hearing prior to the evidentiary hearing would streamline the proceedings.  Further, Nokia pointed to a prior investigation (Certain 3G Wideband Code Division Multiple Access (WCDMA) Handsets and Components Thereof (337-TA-601) (the 601 investigation)) and, according to the Order, argued that the disputed claim terms in the current investigation were identical to those in the 601 investigation.


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By Eric Schweibenz
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Mar
03
On February 26, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Non-Shellfish Derived Glucosamine And Products Containing Same.

The investigation is based on a January 28, 2009 complaint filed by Cargill, Incorporated of Wayzata, Minnesota.  The complaint alleges violations of section 337 in the importation into the U.S. and sale of certain non-shellfish derived glucosamine and products containing same.  According to the complaint, the products at issue in this investigation are “vegan” glucosamine compositions typically used as nutritional supplements.


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By Barry Herman
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Mar
02
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).  The initial determination was issued as a confidential document and a public version is not yet available.

However, according to published reports, LG Electronics announced on Friday that the initial determination (ID) was in its favor and ALJ Essex ruled that LG refrigerators are not covered by Whirlpool’s patent (U.S. Patent No. 6,082,130) for ice storage bins located in refrigerator doors.


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By Eric Schweibenz
|
Feb
27
On February 25, 2009, Microsoft Corporation of Redmond, Washington filed a complaint requesting that the ITC commence an investigation pursuant to section 337.

The complaint alleges that TomTom N.V. of the Netherlands and TomTom, Inc. of Concord, Massachusetts (collectively, “TomTom”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain portable navigation computing devices and associated computer software that infringe certain claims of the following U.S. Patents: (1) U.S. Patent No. 6,175,789; (2) U.S. Patent No. 7,054,745; (3) U.S. Patent No. 5,579,517; (4) U.S. Patent No. 5,758,352; and (5) U.S. Patent No. 6,256,642.


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