On May 21, 2009, the Federal Circuit issued its opinion in Linear Technology Corporation v. ITC, No. 2008-1117.  Judge Schall, sitting on a panel with Judge Mayer and Judge Lourie affirmed-in-part, reversed-in-part, vacated-in-part and remanded the case to the ITC for further proceedings.
By way of background, the ITC instituted the underlying investigation (Certain Voltage Regulators, [...]

On April 30, 2009, Chief ALJ Paul J. Luckern issued the public version of Order No. 30 (dated April 2, 2009) in Certain Video Game Machines and Related Three-Dimensional Pointing Devices (337-TA-658).  In the Order, ALJ Luckern denied Nintendo Co. Ltd and Nintendo of America Inc.’s (collectively “Nintendo”) motion to stay the procedural schedule.
According to [...]

On May 4, 2009, ALJ Carl C. Charneski issued Order No. 34 in Certain Variable Speed Wind Turbines And Components Thereof (337-TA-641).  In the Order, ALJ Charneski denied General Electric Company’s (“GE”) motion in limine to prohibit patent law expert Lawrence J. Goffney from presenting testimony in violation of Ground Rules 5(A) and 5(B) on [...]

On April 10, 2009, ALJ Charles E. Bullock issued a Notice regarding his Initial Determination in Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same (Inv. No. 337-TA-619). 
According to the notice, ALJ Bullock held that no violation of Section 337 had occurred in the importation into the U.S., the sale [...]

On April 2, 2009, ALJ Theodore R. Essex issued a Notice regarding the public version of his initial determination in Certain Computer Products, Computer Components and Products Containing Same (337-TA-628).  In the notice, ALJ Essex rejected the private parties’ redactions as being “inappropriate” and inconsistent with the definition of “Confidential Business Information” (“CBI”) as set [...]

On March 20, 2009, ALJ Carl C. Charneski issued Order No. 18 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 respondents Standard Car Truck Company, Inc., Barber Tianrui Railway Supply, LLC, Tianrui Group Company Limited, and Tianrui [...]

Patent owners often simultaneously file suits in both the ITC and district court on the same patent(s).  If an ITC investigation is ongoing, an accused infringer can request, as a matter of right, a stay of the parallel district court action under 28 U.S.C. § 1659.  Even if the accused infringer does not request a [...]