By Eric Schweibenz
|
Mar
11
On March 9, 2009, the U.S. International Trade Commission voted to institute an investigation of certain adjustable keyboard support systems and components thereof.  The investigation is based on a February 10, 2009 complaint filed by Humanscale Corporation of New York, New York.  As explained in our February 17 post, the complaint alleges violations of Section 337 in the importation into the U.S. and/or the sale within the U.S. after importation of certain adjustable keyboard support systems and components thereof.  Specifically, the complaint alleges that the “products at the heart of the proposed investigation are keyboard support systems, particularly, ergonomic computer keyboard support systems that are adjustable for minimizing an individual worker’s fatigue and improving efficiency.”

The ITC has identified the following as respondents in this investigation:


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On March 5, 2009, ALJ Theodore R. Essex issued Order No. 21 in Certain Composite Wear Components and Products Containing Same (337-TA-644).  In the Order, ALJ Essex granted complainants Magotteaux S/A and Magotteaux, Inc.’s (Magotteaux’s) motion to strike respondents AIA Engineering Ltd. and Vega Industries Ltd.’s (AIAE’s) identification of its proposed expert witness as untimely.

The amended procedural schedule in the investigation called for each side to identify its expert witnesses by November 3, 2008.  AIAE first identified its expert witness on December 29, 2008.  On January 9, 2009, Magotteaux filed a motion to strike the identification.  AIAE responded on January 21, 2009.  In its response, AIAE argued that there was no harm stemming from the delay and that striking the identification was a “drastic remedy for a highly technical procedural delay ….” 


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By Eric Schweibenz
|
Mar
09
On March 5, 2009, ALJ Theodore R. Essex issued Order No. 20 in Certain Composite Wear Components and Products Containing Same (337-TA-644).  In the Order, ALJ Essex denied respondent AIAE Engineering and Vega Industries Ltd.’s (AIAE) motion to terminate the investigation based on an arbitration agreement.

According to the Order, the arbitration agreement was contained in a Settlement Deed executed by AIAE and complainant Magotteaux International S/A (Magotteaux) that ended their collaboration to develop and manufacture composite wear components in India.


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By Eric Schweibenz
|
Mar
06
In many ways, section 337 practice is similar to patent litigation in the federal district courts.  However, there are a number of subtle, yet important, distinctions.  By way of just one example, hearsay is generally admissible in section 337 proceedings at the ITC.

“‘Hearsay’ is a statement, other than one made by the declarant while testifying at trial or hearing, offered in evidence to prove the truth of the matter asserted.”  Fed. R. Evid. 801(c).  Pursuant to Rule 802,              “[h]earsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress.”  Fed. R. Evid. 802.


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By Eric Schweibenz
|
Mar
06
On March 5, 2009, the U.S. International Trade Commission voted to institute an investigation of certain optoelectronic devices, components thereof, and products containing the same.

The investigation is based on a February 3, 2009 complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd., and Avago Technologies Ltd. of San Jose, California.  The complaint alleges violations of section 337 in the importation into the U.S. and sale of certain optoelectronic devices, components thereof, and products containing the same.  According to the complaint, the products at issue in this investigation “concern aspects of fiber optics.”  More particularly, according to the complaint, the devices at issue transmit electronic digital information optically by converting such information into light signals that are passed through an optical fiber and upon receiving the light signals, a receiving device converts the light signals into electronic digital format.  


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