Author Archive

Verizon Files New 337 Complaint Regarding Certain Digital Set-Top Boxes

Wednesday, March 17th, 2010

On March 16, 2010, Verizon Communications Inc. of New York, New York and Verizon Services Corp. of Arlington, Virginia (collectively, “Verizon”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Cablevision Systems Corp. of Bethpage, New York (“Cablevision”) unlawfully imports into the United States, sells for importation, [...]

ITC Issues Public Version Of Opinion Finding No Violation in Certain Variable Speed Wind Turbines (337-TA-641)

Friday, March 5th, 2010

Further to our January 9, 2010 post, on March 2, 2010, the ITC issued the public version of its opinion finding that there has been no violation of Section 337 in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).
By way of background, the Complainant in this investigation is General Electric Co. (“GE”) [...]

ITC Seeks Feedback on Effectiveness of Exclusion Orders

Wednesday, March 3rd, 2010

On February 19, 2010, the ITC issued a Notice that it intends to survey complainants who obtained exclusion orders that are currently in effect pursuant to proceedings under Section 337.  The surveys will seek feedback on the effectiveness of exclusion orders in stopping certain imports.
The proposed surveys ask complainants that have obtained outstanding exclusion orders [...]

Federal Circuit Reverses and Remands in Crocs Appeal (2008-1596)

Wednesday, February 24th, 2010

On February 24, 2010, the Federal Circuit issued its opinion in Crocs, Inc. v. Int’l Trade Comm’n, No. 2008-1596.  This was an appeal from the ITC’s final determination in Certain Foam Footwear (Inv. No. 337-TA-567) that U.S. Patent No. 6,993,858 (the ‘858 patent) was obvious, that U.S. Patent No. D517,789 (the ‘789 patent) was not [...]

ALJ Bullock Denies Motion For Leave To File Supplemental Submission Regarding Claim Construction In Certain Flash Memory Chips (337-TA-664)

Tuesday, February 2nd, 2010

On January 29, 2010, ALJ Charles E. Bullock issued the public version of Order No. 28 (dated January 8, 2010) in Certain Flash Memory Chips and Products Containing the Same (Inv. No. 337-TA-664).
According to the Order, Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung International, Inc., Samsung Semiconductor, Inc., and Samsung Telecommunications America, [...]

ALJ Bullock Rules On Motion To Compel In Certain Flash Memory Chips (337-TA-664)

Monday, February 1st, 2010

On January 28, 2010, ALJ Charles E. Bullock issued the public version of Order No. 29 (dated January 14, 2010) in Certain Flash Memory Chips and Products Containing the Same (Inv. No. 337-TA-664).
According to the Order, Complainants Spansion, Inc. and Spansion LLC (collectively, “Spansion”) moved to compel Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, [...]

ALJ Charneski Issues Public Version of Initial Determination In Certain Variable Speed Wind Turbines (337-TA-641)

Thursday, October 29th, 2009

Further to our August 10 post, on October 21, 2009, ALJ Carl C. Charneski issued the public version of the Initial Determination (“ID”) (dated August 7, 2009) in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).
By way of background, the Complainant in this investigation is General Electric Co. (“GE”) and the Respondents [...]

Did You Know…A Laches Defense Is Not Available In Section 337 Cases?

Friday, October 9th, 2009

Section 337(c) states that “all legal and equitable defenses may be presented in all cases” before the ITC.  The Federal Circuit has explained that the Commission recognizes the same defenses and applies the same burdens of proof in patent cases as do the district courts.  Lannom Mfg. Co. v. United States Int’l Trade Comm’n, 799 [...]

ALJ Luckern Issues Public Version Of Initial Determination Finding No Violation In Certain 3G Mobile Handsets (337-TA-613)

Wednesday, September 23rd, 2009

Further to our August 17 post, on September 17, 2009, Chief ALJ Paul J. Luckern issued the heavily redacted public version of his 245 page August 14, 2009 Final Initial and Recommended Determinations (“ID”) in Certain 3G Mobile Handsets and Components (Inv. No. 337-TA-613).
By way of background, InterDigital Communications, LLC and InterDigital Technology Corp. (“InterDigital”) [...]

LG Electronics Files New 337 Complaint Regarding Certain Video Displays

Thursday, August 13th, 2009

On August 12, 2009, LG Electronics, Inc. of Seoul, South Korea (“LG”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that proposed respondents Funai Electric Co., Ltd. of Japan, Funai Corp., Inc. of Rutherford, New Jersey, and P&F USA, Inc. of Alpharetta, Georgia (collectively, “Funai”) unlawfully import [...]