By Barry Herman
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Apr
13
On April 6, 2009, ALJ Carl C. Charneski issued Order No. 63 granting a motion to compel filed by Complainants Agere Systems Inc. and LSI Corporation (“Agere”) related to the identification of prior art.

Agere moved to compel the respondents to comply with the procedural schedule (Order No. 10) and amend their Joint Notice of Prior Art (“Notice”) to identify “the prior art upon which Respondents realistically intend to rely.”  According to the Order, Respondents had identified 478 prior art references in the Notice.  The Staff supported Agere’s motion to compel.


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By Eric Schweibenz
|
Apr
13
Further to our March 6 and 17 posts, on April 6, 2009 ALJ Theodore R. Essex issued Order No. 3 - Setting Target Date in Certain Optoelectronic Devices, Components Thereof, And Products Containing the Same (337-TA-669).

According to the Order, ALJ Essex set June 10, 2010 as the target date for completion of the investigation (which is 15 months after institution of the investigation).  Also, any final initial determination is due to be issued no later than February 10, 2010.  In the Order, ALJ Essex further provides that the pre-hearing conference and the evidentiary hearing will take place at the U.S. District Courthouse for the District of Columbia “[d]ue to lack of courtroom availability.”


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By Eric Schweibenz
|
Apr
13
Further to our March 11 post, on April 6, 2009, Chief ALJ Paul J. Luckern issued Order No. 3 – setting target date in Certain Adjustable Keyboard Support Systems and Components Thereof (337-TA-670).

In the Order, Chief ALJ Luckern set a 15 month target date (i.e., June 14, 2010).  The 15 month target date was set despite an argument from respondents CompX International Inc. and Waterloo Furniture Components Limited d/b/a CompX Waterloo that an 18 month target date is required in view of “the complexity and multiplicity of factual and legal issues involved in the investigation.”  The complainant requested a 14 month target date and the ITC Staff requested a 15 month target date.  According to the Order, any final initial determination will be filed no later than February 15, 2010.  Also, the evidentiary hearing is scheduled to commence on December 1, 2009.


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By Eric Schweibenz
|
Apr
13
On April 8, 2009, ALJ Robert K. Rogers, Jr. issued Order Nos. 4 and 5 in Certain Electronic Devices, Including Handheld Wireless Communications Devices (337-TA-673).

Order No. 4 sets the procedural schedule for this investigation and includes a provision for the early exchange of claim construction terms and proposed constructions.  The procedural schedule also indicates that the evidentiary hearing in this investigation will commence on October 26, 2009.


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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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