Author Archive

ALJ Essex Grants In Part Motion To Compel In Certain LED Photographic Lighting Devices (337-TA-804)

Monday, March 12th, 2012

On March 9, 2012, ALJ Theodore R. Essex issued Order No. 15 granting in part Complainants’ motion to compel discovery responses from Respondents Fuzhou F&V Photographic Equipment Co., Ltd. (“F&V”) and Shantou Nanguang Photographic Equipment Co., Ltd. (“Nanguang”) in Certain LED Photographic Lighting Devices and Components Thereof (Inv. No. 337-TA-804). By way of background, the [...]

ALJ Essex Grants Motion to Strike Expert Testimony in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (337-TA-788)

Thursday, March 8th, 2012

On March 6, 2012, ALJ Theodore R. Essex issued Order No. 15 granting Complainants’ motion to strike Respondents’ rebuttal expert on domestic industry in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives and Components Thereof (337-TA-788). By way of background, the investigation is based on a complaint filed by Trek 2000 [...]

Fabri-Kal Files New 337 Complaint Regarding Certain Food Storage Containers

Thursday, March 8th, 2012

On March 5, 2012, Fabri-Kal Corp. of Kalamazoo, Michigan (“Fabri-Kal”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that Green Wave International, Inc. of Brooklyn, New York, Trans World International, Inc. of Brooklyn, New York, John Calarese & Co., Inc. of Medway, Massachusetts, and Eco Greenwares [...]

Federal Circuit Reverses In General Electric Appeal (2010-1223)

Thursday, March 1st, 2012

On February 29, 2012, the Federal Circuit issued a precedential opinion in General Electric Co.  v. ITC (2010-1223).  This was an appeal from the Commission’s final determination of no violation of Section 337 in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).  See our October 29, 2009 and March 5, 2010 posts [...]

ALJ Gildea Issues Public Version Of Initial Determination Finding No Violation of Section 337 In Certain Reduced Ignition Proclivity Cigarette Wrappers (337-TA-756)

Wednesday, February 29th, 2012

On February 17, 2012, ALJ E. James Gildea issued the public version of the Initial Determination (“ID”) (dated February 1, 2012) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).  Due to the size of the ID, we have split the file into part 1 and part 2.    By way [...]

ALJ Rogers Issues Initial Determination Granting Google’s Motion To Intervene And Order Denying Motion to Disqualify Counsel in Certain Portable Communication Devices (337-TA-827)

Wednesday, February 15th, 2012

On February 13, 2012, ALJ Robert K. Rogers Jr. issued Order No. 7 granting Google Inc.’s (“Google”) motion to intervene, but denying a motion to disqualify the law firm of Pepper Hamilton LLC (“Pepper Hamilton”) in Certain Portable Communication Devices (337-TA-827). By way of background, the investigation is based on a complaint filed by Digitude [...]

ALJ Essex Issues Initial Determination Granting Default in Certain Protective Cases (337-TA-780)

Monday, February 13th, 2012

On February 9, 2012, ALJ Theodore R. Essex issued Order No. 25 granting Complainant’s motion for entry of default against certain respondents and granting respondent National Cellular’s motion for default in Certain Protective Cases and Components Thereof (Inv. No. 337-TA-780). By way of background, the investigation is based on a complaint filed by Otter Products, [...]

Federal Circuit Affirms in Ninestar Appeal (2009-1549)

Friday, February 10th, 2012

On February 8, 2012, the Federal Circuit issued a precedential opinion in Ninestar Tech. Co., Ltd., v. ITC (2009-1549).  This was an appeal from the International Trade Commission’s (“Commission”) assessment of a civil penalty against Ninestar Technology Co. Ltd., Ninestar Technology Company Ltd., and Town Sky Inc. (collectively, “Ninestar”) for failure to comply with exclusion [...]

ALJ Bullock Rules On Supplemental Expert Report Motions in Certain Video Game Systems (337-TA-770)

Thursday, February 2nd, 2012

On January 31, 2012, Chief ALJ Charles E. Bullock issued the public version of Order No. 33 (dated January 9, 2012) concerning a motion for leave to serve a supplemental expert report and a motion to strike one of Respondents’ supplemental expert reports filed by the Complainants Creative Kingdoms, LLC and New Kingdoms, LLC (collectively, [...]

ALJ Shaw Denies Motion To Strike Expert Testimony in Certain Gaming and Entertainment Consoles (337-TA-752)

Tuesday, January 31st, 2012

On January 30, 2012, ALJ David P. Shaw issued Order No. 33 concerning a renewed request to strike expert testimony by the Respondent in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof  (337-TA-752). As described in our January 26, 2012 post, ALJ Shaw recently ruled on several motions in limine filed by Complainants [...]