Settlements

ALJ Rogers Denies Joint Motion To Terminate Investigation In Certain Non-Shellfish Derived Glucosamine (337-TA-668)

By Eric Schweibenz
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Jul
14
On July 9, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 23 (dated June 29, 2009) in Certain Non-Shellfish Derived Glucosamine and Products Containing Same (337-TA-668).  In the Order, ALJ Rogers (i) denied a joint motion filed by complainant Cargill, Inc. (“Cargill”) and respondent Ethical Naturals, Inc. (“ENI”) to terminate the investigation as to respondent ENI, and (ii) granted a joint motion for leave filed by Cargill and ENI to not serve the remaining respondents with certain portions of the settlement agreement between Cargill and ENI (the “Settlement Agreement”).

According to the Order, the ITC’s rules provide that “in the case of a proposed termination by settlement agreement, the parties may file statements regarding the impact of the proposed termination on the public interest, and the [ALJ] may hear argument, although no discovery may be compelled, with respect to issues relating solely to the public interest.”  In connection with their joint motion to terminate, Cargill and ENI asserted that the Settlement Agreement is consistent with the public interest.  The Commission Investigative Staff opposed the motion to terminate, arguing that the Settlement Agreement did not promote the public interest.

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ALJ Essex Issues Initial Determination Terminating Investigation In Certain Active Comfort Footwear (337-TA-660)

By Eric Schweibenz
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Jul
14
On July 13, 2009, ALJ E. James Gildea issued the public version of Order No. 12 in Certain Active Comfort Footwear (337-TA-660).  In the Order, ALJ Gildea granted Complainants Masai Marketing & Trading AC and Masai USA Corp.’s (“Masai”) (1) motion to terminate the Investigation in its entirety by reason of confidential settlement agreement with Respondent RYN Korea Co. Ltd. (“RYN”), and (2) motion to withdrawal its Complaint against the remaining respondents The Tannery (“Tannery”) and A Better Way to Health (“Better Way”).

According to the Order, while Complainants only settled with RYN and not the other named respondents (Tannery and Better Way), Masai requested that the investigation be terminated with respect to all respondents because “RYN is the only producer of the accused products in this Investigation.”  The Commission Investigative Staff supported the termination motion and did not oppose the withdrawal motion.

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ALJ Luckern Agrees To Extend Target Date On Eve Of Final Initial Determination In Certain Video Game Machines (337-TA-658)

By Eric Schweibenz
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Aug
25
On August 21, 2009, Chief ALJ Paul J. Luckern issued Order No. 43 extending the target date to February 23, 2010 in Certain Video Game Machines And Related Three-Dimensional Pointing Devices (Inv. No. 337-TA-658).

According to the Order, on August 21, 2009, Complainant Hillcrest Laboratories, Inc. (“Hillcrest”) and Respondents Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively, “Nintendo”) moved to stay the procedural schedule, including the date for issuance of the final Initial Determination, and to extend the target date two months to February 23, 2010.  In support of their motion, Hillcrest and Nintendo explained that the private parties had reached settlement and intended to file a joint motion to terminate the investigation based on a settlement in the near future.

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ALJ Gildea Grants Motion to Terminate the Investigation with Respect to LG in Certain CCFL Inverter Circuits (337-TA-666)

By Eric Schweibenz
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Sep
02
On August 31, 2009, ALJ E. James Gildea issued an initial determination (Order No. 24) in Certain Cold Cathode Fluorescent Lamp ("CCFL") Inverter Circuits and Products Containing the Same (Inv. No. 337-TA-666).  In the ID, ALJ Gildea granted the August 14, 2009 motion of Complainants O2 Micro International Ltd. and O2 Micro Inc. (collectively “O2 Micro”) and Respondents LG Electronics, Inc. and LG Electronics USA (collectively “LG”), seeking termination of the investigation with respect to LG.  The motion was based on a settlement agreement between O2 Micro and LG that apparently settled all of the existing disputes between O2 Micro and LG. 

According to the ID, O2 Micro and LG executed a Memorandum of Understanding between them on July 30, 2009.  They represented in their joint motion that there were no other agreements between O2 Micro and LG concerning the subject matter of the investigation.  O2 Micro and LG asserted that termination of the investigation “would pose no threat to the public interest” and would result in “conservation of the parties’ time and resources.”

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ALJ Luckern Grants Motion To Terminate The Investigation With Respect To Toshiba In Certain Light Emitting Diode Chips (337-TA-674)

By Eric Schweibenz
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Nov
17
On November 16, 2009, Chief ALJ Paul J. Luckern issued the public version of an initial determination (“ID”) (Order No. 25) (dated October 29, 2009) in Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (Inv. No. 337-TA-674).  In the ID, ALJ Luckern granted the October 28, 2009 motion of Complainant Gertrude Neumark Rothschild (“Rothschild”), seeking termination of the investigation with respect to Toshiba Corporation (“Toshiba”).

According to the ID, Toshiba did not oppose Rothschild’s motion and the Commission Investigative Staff supported the motion.  Further, in support of the motion, Rothschild argued that “in its recently-filed pre-hearing statement, Toshiba has represented that it has ceased (or intends to cease) importation into the United States of the accused product and accordingly, termination of Toshiba from the investigation is appropriate; and that pursuant to Commission rule 210.21(a)(1), [Rothschild] affirms that there exists no agreements, written or oral, express or implied between [Rothschild] and Toshiba that concern the subject matter of this investigation.”

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ALJ Gildea Grants Motion To Terminate The Investigation In Certain Collaborative System Products (337-TA-682)

By Eric Schweibenz
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Dec
04
On December 2, 2009, ALJ E. James Gildea issued the public version of Order No. 7 in Certain Collaborative System Products and Components Thereof (Inv. No. 337-TA-682).  In the Order, ALJ Gildea granted Complainant eInstruction Corporation’s (“eInstruction”) motion seeking termination of the investigation in its entirety by reason of a settlement agreement with Respondent Qomo HiteVision, LLC.

According to the Order, eInstruction stated in its motion that there were no other agreements between the parties concerning the subject matter of this investigation.  Additionally, the Commission Investigative Staff (the “Staff”) filed a response supporting the motion and indicating that it complies with the Commission requirements for termination.  The Staff further noted in its response to the motion that termination of this investigation would not have any adverse impact on the public interest.

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ALJ Luckern Grants Motion To Terminate The Investigation In Certain Light Emitting Diode Chips (337-TA-674)

By Eric Schweibenz
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Dec
04
On December 1, 2009, Chief ALJ Paul J. Luckern issued the public version of Order No. 29 (dated November 13, 2009) in Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (Inv. No. 337-TA-674).  In the Order, ALJ Luckern granted a joint motion filed by Complainant Gertrude Neumark Rothschild and Respondent Dalian Lumei Optoelectronics Corporation (“Dalian Lumei”) based on a settlement agreement between the parties.

According to the Order, the Commission Investigative Staff filed a response supporting termination of Dalian Lumei from the investigation based on the settlement agreement, and also termination of the investigation in its entirety.

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ALJ Essex Grants Motion To Terminate The Investigation In Certain Course Management System Software Products (337-TA-677)

By Eric Schweibenz
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Dec
29
On December 28, 2009, ALJ Theodore R. Essex issued the public version of Order No. 6 in Certain Course Management System Software Products (Inv. No. 337-TA-677).

In the Order, ALJ Essex granted a joint motion filed by Complainant Blackboard Inc. and Respondent Desire2Learn Incorporated to terminate the investigation based on a settlement agreement between the parties.

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ITC Grants Joint Motion To Terminate Investigation Based On Settlement Agreement In Certain Automotive Multimedia Display And Navigation Systems (337-TA-657)

By Eric Schweibenz
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Jan
06
On January 4, 2010, the International Trade Commission issued a notice determining to grant a joint motion to terminate the investigation in Certain Automotive Multimedia Display and Navigation Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-657).

By way of background, the Complainant in this investigation is Honeywell International, Inc. (“Honeywell”).  The original Respondents were Alpine Electronics, Inc.; Alpine Electronics of America, Inc.; Denso Corporation; Denso International America, Inc.; Pioneer Corp.; Pioneer Electronics (USA) Inc.; Kenwood Corp.; and Kenwood USA Corp.  However, all of the Respondents other than Pioneer Corp. and Pioneer Electronics (USA) Inc. (collectively, “Pioneer”) were terminated from the investigation before ALJ Theodore R. Essex issued the initial determination (“ID”) on September 22, 2009 finding no violation of Section 337.  See our November 4 post for more details.  On November 23, 2009, the Commission decided to review the ID in part.  See our November 25 post for more details.  On December 22, 2009, Honeywell and Pioneer filed a joint motion to terminate the investigation based on a settlement agreement.  On December 24, 2009, the Commission Investigative Staff filed a response that recommended that the Commission grant the motion.

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ALJ Bullock Grants Motion To Terminate The Investigation In Certain Articulated Coordinate Measuring Arms (337-TA-684)

By Eric Schweibenz
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Jan
07
On January 5, 2010, ALJ Charles E. Bullock issued the public version of Order No. 10 in Certain Articulated Coordinate Measuring Arms and Components Thereof (Inv. No. 337-TA-684).

In the Order, ALJ Bullock granted a joint motion filed by Complainants Hexagon Metrology AB and Hexagon Metrology, Inc. and Respondents Nikon Metrology N.V., Metris U.S.A., Inc., Mitutoyo Corporation, and Mitutoyo America Corporation to terminate the investigation based on a settlement agreement between the parties.

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ALJ Charneski Grants Motion To Terminate The Investigation As To LG Respondents In Certain Mobile Telephones (337-TA-663)

By Eric Schweibenz
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Jan
19
On January 14, 2010, ALJ Carl C. Charneski issued the public version of Order No. 54 in Certain Mobile Telephones and Wireless Communications Devices Featuring Digital Cameras, and Components Thereof (Inv. No. 337-TA-663).

In the Order, ALJ Charneski granted a December 16, 2009 joint motion filed by Complainant Eastman Kodak Company and Respondents LG Electronics, Inc., LG Electronics USA, Inc., and LG Electronics MobileComm USA, Inc. to terminate the investigation based on a settlement agreement between the parties.

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ALJ Charneski Grants Motion To Terminate The Investigation As To Honeywell In Certain Multimedia Display and Navigation Devices And Systems (337-TA-694)

By Eric Schweibenz
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Jan
22
On January 20, 2010, ALJ Carl C. Charneski issued the public version of Order No. 7 in Certain Multimedia Display and Navigation Devices And Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-694).

In the Order, ALJ Charneski granted a joint motion filed by Complainants Pioneer Corporation and Pioneer Electronics (USA) Inc. and Respondent Honeywell International Inc. to terminate the investigation based on a settlement agreement between the parties.

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ALJ Charneski Grants Motion To Terminate The Investigation As To Amistar In Certain Machine Vision Software (337-TA-680)

By Eric Schweibenz
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Jan
22
On January 20, 2010, ALJ Carl C. Charneski issued the public version of Order No. 24 in Certain Machine Vision Software, Machine Vision Systems, and Products Containing Same (Inv. No. 337-TA-680).

In the Order, ALJ Charneski granted a joint motion filed by Complainants Cognex Corporation and Cognex Technology & Investment Corporation and Respondent Amistar Automation, Inc. to terminate the investigation based on a consent order and settlement agreement between the parties.

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ALJ Bullock Grants Motion To Terminate The Investigation In Certain Digital Cameras (337-TA-671)

By Eric Schweibenz
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Jan
23
On January 21, 2010, ALJ Charles E. Bullock issued the public version of Order No. 19 in Certain Digital Cameras (337-TA-671).

In the Order, ALJ Bullock granted a joint motion filed by Complainants Samsung Electronics Company, Ltd. and Samsung Electronics America, Inc. and Respondent Eastman Kodak Company to terminate the investigation based on a settlement agreement between the parties.

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ALJ Rogers Grants Motion To Terminate Investigation In Certain Electronic Devices (337-TA-667/673)

By Eric Schweibenz
|
Feb
17
On February 12, 2010, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 55C in Certain Electronic Devices, Including Handheld Wireless Communications Devices (Inv. No. 337-TA-667/673).  In the Order, ALJ Rogers granted a joint motion filed on January 29, 2010, by Complainant Saxon Innovations, LLC’s (“Saxon”), and Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLP (collectively, “Samsung”), and Palm, Inc. (“Palm”) to terminate the investigation on the basis of a settlement agreement.

According to the Order, the joint motion to terminate stated that portions of certain confidential agreements had been withheld from Samsung and Palm, and all parties to the joint motion argued that “requiring the disclosure of the full, unredacted agreements to all respondents would be contrary to public policy in favor of settlements.”  ALJ Rogers noted the general rule that both confidential and public versions of settlements are filed and served, and protective orders usually adequately safeguard confidential information.  Nonetheless, in granting the motion, ALJ Rogers acknowledged that “confidentiality is a primary inducement to parties to settle cases,” the parties’ request was unopposed, there are no non-settling respondents remaining after the termination of Samsung and Palm, and therefore, “strong public policy in favor of settlement supports the request to withhold the terms from Samsung and Palm.”

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ALJ Charneski Grants Motion To Terminate The Investigation As To Fuji In Certain Machine Vision Software (337-TA-680)

By Eric Schweibenz
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Apr
08
On April 6, 2010, ALJ Carl C. Charneski issued the public version of Order No. 44 in Certain Machine Vision Software, Machine Vision Systems, and Products Containing Same (Inv. No. 337-TA-680).

In the Order, ALJ Charneski granted a joint motion filed by Complainants Cognex Corporation and Cognex Technology & Investment Corporation and Respondents Fuji Machine Manufacturing Co., Ltd. and Fuji America Corporation to terminate the investigation based on a settlement agreement between the parties.

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ALJ Luckern Grants Motion To Terminate The Enforcement Proceeding In Certain Liquid Crystal Display Devices (337-TA-631)

By Eric Schweibenz
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Apr
13
On April 12, 2010, Chief ALJ Paul J. Luckern issued the public version of Order No. 29 (dated March 5, 2010) in Certain Liquid Crystal Display Devices and Products Containing the Same (Inv. No. 337-TA-631).

In the Order, ALJ Luckern granted a joint motion filed by Complainant Samsung Electronics Co. Ltd. (“Samsung”) and Respondents Sharp Corporation, Sharp Electronics Corporation, and Sharp Electronics Manufacturing Company of America, Inc. (collectively, “Sharp”) to terminate the enforcement proceeding “based upon settlement and licensing agreements that was alleged to resolve all outstanding patent disputes and related actions between the parties.”  The Order further indicates that Samsung and Sharp “have negotiated two agreements that resolve the dispute between the private parties in this investigation, in other investigations (e.g., 337-TA-699 and 337-TA-702), and in certain litigation in other jurisdictions including various foreign forums in Japan, Korea, Germany, and the Netherlands.”

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