On March 1, 2010, Freescale Semiconductor, Inc. (“Freescale”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that the following proposed respondents unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain integrated circuits, chipsets, and products including same that allegedly infringe [...]

On December 10, 2009, the Federal Circuit is scheduled to hear oral argument in Ajinomoto Co., Inc. v. ITC (2009-1081).
By way of background, on April 25, 2006, Ajinomoto Heartland LLC filed a complaint with the ITC alleging that Global Bio-Chem Technology Group Co., Ltd.; Changchun Dacheng Bio-Chem Engineering Development Co., Ltd.; Changchun Baocheng Bio Development [...]

On November 16, 2009, Chief ALJ Paul J. Luckern issued the public version of Order No. 23 (dated October 27, 2009) in Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (Inv. No. 337-TA-674).  In the order, ALJ Luckern requested that the parties file written submissions answering various questions relating to claim [...]

On November 5, 2009, the International Trade Commission issued an order in Certain Voltage Regulators, Components Thereof, and Products Containing Same (Inv. No. 337-TA-564).  In the order, the ITC stated that on May 21, 2009, the Federal Circuit reversed and vacated parts of the Commission’s September 24, 2007 final determination in the investigation.  See our [...]

Further to our October 15 post, on November 4, 2009, ALJ E. James Gildea issued the public version of the October 13, 2009 Initial Determination (“ID”) in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same (Inv. No. 337-TA-650).
The Complainant in this investigation was John Mezzalingua Associates, Inc. d/b/a PPC, Inc. (“PPC”).  PPC alleged [...]

Patents asserted in Section 337 investigations at the ITC are often times subject to concurrent reexamination proceedings at the U.S. Patent & Trademark Office (“USPTO”).  When this occurs, respondents will sometimes seek to stay the Section 337 investigation pending the outcome of the reexamination at the USPTO.  However, because of the unique remedies available at [...]

When parties to a Section 337 investigation settle their dispute, whether through a license agreement or otherwise, the parties may terminate the investigation by filing a motion under Commission Rule 210.21(a)(2).  However, any motion to terminate the investigation based on a settlement agreement must include:  (1) copies of the licensing or other settlement agreements, (2) [...]

On October 30, 2009, the International Trade Commission issued a notice determining to review in part the final Initial Determination (“ID”) issued by ALJ Theodore R. Essex on August 28, 2009, in Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-630).
This investigation was instituted on January 14, 2008, based on [...]

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 [...]

In Section 337 investigations, the party that prevails before the Commission is not entitled to appeal to the U.S. Court of Appeals for the Federal Circuit the Commission’s final determination, and is not automatically a party to an appeal brought by the party that lost before the Commission.  However, the prevailing party is entitled to [...]