ALJ Bullock

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

By Eric Schweibenz
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Feb
01
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, Inc., Samsung International, Inc., Samsung Semiconductor, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) to produce certain documents, witnesses, information, and samples relating to the manufacture and programming of Samsung’s accused flash memory chips.

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

By Eric Schweibenz
|
Feb
02
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, LLC (collectively, “Samsung”) moved for leave to file a supplemental submission in support of their claim constructions regarding one of the patents-in-suit, the ‘877 patent.  Complainants Spansion, Inc. and Spansion LLC (collectively, “Spansion”) opposed the motion.  No response was received from the Commission Investigative Staff.

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ALJ Bullock Issues Claim Construction Order in Certain Flash Memory Chips (337-TA-664)

By Eric Schweibenz
|
Feb
19
On February 12, 2010, ALJ Charles E. Bullock issued Order No. 34, construing terms of the asserted claims of the patents-in-suit in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-664).

By way of background, the Complainants in this investigation are:  Spansion, Inc. and Spansion LLC (collectively, “Spansion”).  The Respondents in this investigation are:  Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; Samsung International, Inc.; Samsung Semiconductor, Inc.; Samsung Telecommunications America, LLC; Apple Inc.; AsusTek Computer, Inc.; Asus Computer International, Inc.; Hon Hai Precision Industry Co., Ltd.; Kingston Technology Co., Inc.; Kingston Technology (Shanghai) Co., Ltd.; Kingston Technology Far East Co.; Kingston Technology Far East (Malaysia) Sdn. Bdh.; Lenovo Group Ltd.; Lenovo (US), Inc.; Lenovo (Beijing) Ltd.; International Information Products (Shenzhen) Co., Ltd.; Lenovo Information Products (Shenzhen) Co., Ltd.; Lenovo (Huiyang) Electronic Industrial Co., Ltd.; Shanghai Lenovo Electronic Co., Ltd.; PNY Technologies, Inc.; Research in Motion, Ltd.; Research in Motion Corporation; Sony Corporation; Sony Corporation of America; Sony Ericsson Mobile Communications AB; Sony Ericsson Mobile Communications (USA) Inc.; Beijing SE Putian Mobile Communications Co., Ltd.; Transcend Information, Inc.; Transcend Information, Inc. (USA); Transcend Information Inc. (Shanghai Factory); Verbatim Americas LLC; and Verbatim Corporation (collectively, “Respondents”).

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ALJ Bullock Issues Supplemental Initial Determination In Certain Encapsulated Integrated Circuit Devices (337-TA-501)

By Eric Schweibenz
|
Mar
23
On March 22, 2010, ALJ Charles E. Bullock issued a notice of Supplemental Initial Determination (“Supplemental ID”) in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501).  According to the notice, in the Supplemental ID, ALJ Bullock modified his previous finding of violation and determined that no violation of Section 337 had occurred.

By way of background, the ITC issued a notice and order on February 18, 2010 reversing ALJ Bullock’s October 30, 2009 Supplemental Initial Determination finding that non-party ASAT’s LPCC invention is not prior art to the patents-in-suit and remanding the investigation to the ALJ to make “necessary findings on anticipation and obviousness in view of the Commission’s determination that the ASAT LPCC invention is prior art to Amkor’s asserted patents.”  See our February 22, 2010 post for more details.

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ALJ Bullock Sets Procedural Schedule In Certain Mobile Communications And Computer Devices (337-TA-704)

By Eric Schweibenz
|
Mar
24
Further to our February 22, 2010 post, on March 22, 2010, ALJ Charles E. Bullock issued Order No. 3 in Certain Mobile Communications And Computer Devices and Components Thereof (Inv. No. 337-TA-704).

In the Order, ALJ Bullock set the procedural schedule for the investigation, including a June 14-15, 2010 date for the Markman hearing, an October 4, 2010 start date for the evidentiary hearing, and a February 24, 2011 deadline for issuing the Initial Determination.

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ALJ Bullock Rules on Motions To Compel in Certain Flash Memory Chips (337-TA-664)

By Eric Schweibenz
|
Apr
09
On April 7, 2010, ALJ Charles E. Bullock issued public versions of three orders regarding motions to compel filed by Complainants Spansion, Inc. and Spansion LLC (collectively, “Spansion”) in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-664).

In Order No. 48 (dated March 23, 2010), ALJ Bullock granted Spansion’s motion for an order compelling Respondents Samsung Electronics Corporation, Ltd., Samsung Electronics America, Inc., Samsung International, Inc., Samsung Semiconductor, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) to produce certain documents and other information relating to Samsung's 27 nm products.  According to the Order, Samsung argued that Spansion’s motion should be denied because their 27 nm products were not prototypes or samples that “have been imported into the United States,” “shown to customers,” or that “will be made or imported into the United States before the close of the evidentiary record.”   Samsung further argued that Spansion’s motion was moot because Samsung was providing the requested discovery.  The Commission Investigative Staff (“OUII”) supported Spansion’s motion, “[b]ecause the 27 nm products are sufficiently ‘close to completion’ to be ‘relevant to a finding of violation.’”  ALJ Bullock granted Spansion’s motion, to the extent Samsung had not yet produced all discovery sought by Spansion, upon the ground that “said product is sufficiently advanced such that production of information regarding these products is reasonably calculated to lead to the discovery of admissible evidence.”

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ALJ Bullock Issues Supplemental Initial Determination In Certain Encapsulated Integrated Circuit Devices (337-TA-501)

By Eric Schweibenz
|
Apr
09
Further to our March 23, 2010 post, on April 7, 2010, ALJ Charles E. Bullock issued the public version of his Supplemental Initial Determination (“Supplemental ID”) in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501), in which he modified his previous finding of violation and determined that no violation of Section 337 had occurred.

By way of background, the ITC issued a notice and order on February 18, 2010 reversing ALJ Bullock’s October 30, 2009 Supplemental Initial Determination finding that non-party ASAT Inc.’s LPCC invention is not prior art to the patents-in-suit and remanding the investigation to the ALJ to make “necessary findings on anticipation and obviousness in view of the Commission’s determination that the ASAT LPCC invention is prior art to Amkor’s asserted patents.”  See our February 22, 2010 post for more details.

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ALJ Bullock Sets Target Date In Certain Stringed Musical Instruments (337-TA-708)

By Eric Schweibenz
|
Apr
28
On April 26, 2010, ALJ Charles E. Bullock issued Order No. 4:  Notice of Target Date and Order Extending Date for Submission of Discovery Statements in Certain Stringed Musical Instruments and Components Thereof (Inv. No. 337-TA-708).

According to the Order, ALJ Bullock set August 2, 2011 as the target date (which is 16 months after institution of the investigation).  In addition, the Order directs the parties to submit a discovery statement on or before May 7, 2010.

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ALJ Bullock Denies Motion To Amend Notice Of Prior Art In Certain Flash Memory Chips (337-TA-664)

By Eric Schweibenz
|
Apr
29
On April 27, 2010, ALJ Charles E. Bullock issued Order No. 59:  Denying Respondents’ Motion to Amend Notice of Prior Art in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-664).

According to the Order, on April 2, 2010, Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung International, Inc., Samsung Semiconductor, Inc., Samsung Telecommunications America, LLC, Shanghai Lenovo Electronic Co., Ltd., Apple Inc., AsusTek Computer, Inc., Asus Computer International, Inc., Transcend Information, Inc., Transcend Information, Inc. (USA), Transcend Information Inc. (Shanghai Factory), Kingston Technology Co., Inc., Kingston Technology (Shanghai) Co., Ltd., Kingston Technology Far East Co., Kingston Technology Far East (Malaysia) Sdn. Bdh., PNY Technologies, Inc., Sony Corporation, Sony Corporation of America, Sony Ericsson Mobile Communications AB, Sony Ericsson Mobile Communications (USA) Inc., Beijing SE Putian Mobile Communications Co., Ltd., Hon Hai Precision Industry Co., Ltd., Verbatim Americas LLC, and Verbatim Corporation (collectively, the “K&E Respondents”) filed a motion seeking leave to amend their notice of prior art, by adding U.S. Patent Nos. 6,682,978 (the ‘978 patent) and 6,576,949 (the ‘949 patent) as prior art to asserted U.S. Patent No. 6,376,877.  Complainants Spansion, Inc. and Spansion LLC (collectively, “Spansion”) opposed the motion.

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ALJ Bullock Sets Target Date In Certain Game Controllers (337-TA-715)

By Eric Schweibenz
|
May
10
Further to our April 30, 2010 post, on May 6, 2010, ALJ Charles E. Bullock issued Order No. 2 in Certain Game Controllers (Inv. No. 337-TA-715).

According to the Order, ALJ Bullock set July 5, 2011 as the target date (which is 14 months after institution of the investigation).  In addition, the Order directs the parties to submit a discovery statement on or before May 21, 2010.  The Order also contains ALJ Bullock’s ground rules for the investigation.

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ALJ Bullock Sets Procedural Schedule In Certain Stringed Musical Instruments (337-TA-708)

By Eric Schweibenz
|
May
12
Further to our April 28, 2010 post, on May 11, 2010, ALJ Charles E. Bullock issued Order No. 5 in Certain Stringed Musical Instruments and Components Thereof (Inv. No. 337-TA-708).

In the Order, ALJ Bullock set the procedural schedule for the investigation, including a January 5, 2011 start date for the evidentiary hearing and an April 1, 2011 deadline for issuing the Initial Determination.

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ALJ Bullock Sets Procedural Schedule In Certain Game Controllers (337-TA-715)

By Eric Schweibenz
|
Jun
02
Further to our April 30 and May 10 posts, on May 28, 2010, ALJ Charles E. Bullock issued Order No. 3 in Certain Game Controllers (Inv. No. 337-TA-715).

In the Order, ALJ Bullock set the procedural schedule for the investigation, including a November 15, 2010 start date for the evidentiary hearing and a March 5, 2011 deadline for issuing the Initial Determination.

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ALJ Bullock Grants Motion To Terminate Investigation As To Certain Respondents In Certain Stringed Musical Instruments (337-TA-708)

By Eric Schweibenz
|
Jun
08
On June 4, 2010, ALJ Charles E. Bullock issued Order No. 13 in Certain Stringed Musical Instruments and Components Thereof (Inv. No. 337-TA-708).

In the Order, ALJ Bullock granted a joint motion filed by Complainant Geoffrey McCabe and Respondents Floyd Rose Guitars, Floyd Rose Marketing, Inc., Davitt & Hanser Music Co., d/b/a HHI, and Ping Well Industrial Co., Ltd. to terminate the investigation based on a consent order stipulation.

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ALJ Bullock Grants Motion To Withdraw Complaint And Terminate Investigation In Certain Foldable Stools (337-TA-693)

By Eric Schweibenz
|
Jun
17
On June 15, 2010, ALJ Charles E. Bullock issued the public version of Order No. 18 (dated June 8, 2010) in Certain Foldable Stools (Inv. No. 337-TA-693).

According to the Order, Complainant B&R Plastics Inc. filed a motion, pursuant to 19 C.F.R. § 210.21(a), to withdraw its Complaint and terminate the Investigation as to all Respondents “for business reasons.”  Respondents Kikkerland Design, Inc., Euromarket Designs, Inc. d/b/a Crate & Barrel, Amazon.com, Inc., Bed Bath & Beyond Inc., LTD Commodities, LLC d/b/a abc Distributing, QVC, Inc., The Afternoon, Inc., and The Container Store, Inc. (collectively, the “Respondents”) filed a response stating that they did not oppose Complainant’s motion, but intended to seek sanctions.

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ALJ Bullock Sets Target Date In Certain Portable Electronic Devices and Related Software (337-TA-721)

By Eric Schweibenz
|
Jun
18
Further to our June 15, 2010 post, on June 17, 2010, ALJ Charles E. Bullock issued Order No. 2 in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-721).

According to the Order, ALJ Bullock set October 17, 2011 as the target date (which is 16 months after institution of the investigation).  In addition, the Order directs the parties to submit a discovery statement on or before July 2, 2010.  The Order also contains ALJ Bullock’s ground rules for the investigation.

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ALJ Bullock Sets Target Date In Certain Underground Cable And Pipe Locators (337-TA-727)

By Eric Schweibenz
|
Jul
27
Further to our July 13, 2010 post, on July 19, 2010, ALJ Charles E. Bullock issued Order No. 2 in Certain Underground Cable and Pipe Locators (Inv. No. 337-TA-727).

According to the Order, ALJ Bullock set October 19, 2011 as the target date (which is 16 months after institution of the investigation).  In addition, the Order directs the parties to submit a discovery statement on or before August 6, 2010.  The Order also contains ALJ Bullock’s ground rules for the investigation.

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ALJ Bullock Rules On Claim Construction In Certain Mobile Communications And Computer Devices (337-TA-704)

By Eric Schweibenz
|
Aug
09
On July 30, 2010, ALJ Charles E. Bullock issued Order No. 18 in Certain Mobile Communications and Computer Devices and Components Thereof (Inv. No. 337-TA-704).  In the Order, ALJ Bullock construed various claim terms in the asserted claims of U.S. Patent Nos. 5,455,599 (the ‘599 patent), 5,379,431 (the ‘431 patent), 6,424,354 (the ‘354 patent), and 5,920,726 (the ‘726 patent).

By way of background, the Complainant in this investigation is Apple Inc. (“Apple”) and the Respondents are Nokia Corporation and Nokia Inc. (collectively, “Nokia”).  The investigation was instituted on February 18, 2010 based on Apple’s complaint of January 15, 2010.  See our February 22, 2010 post for more details.  On April 26, 2010, ALJ Bullock granted the Commission Investigative Staff’s (“OUII”) motion for partial consolidation of the investigation with Inv. No. 337-TA-710.

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ALJ Bullock Sets Target Date In Certain Flat Panel Digital Televisions (337-TA-733)

By Eric Schweibenz
|
Aug
23
Further to our August 16, 2010 post, on August 19, 2010, ALJ Charles E. Bullock issued Order No. 2 in Certain Flat Panel Digital Televisions And Components Thereof (Inv. No. 337-TA-733).

According to the Order, ALJ Bullock set February 19, 2012 as the target date (which is 18 months after institution of the investigation).  In addition, the Order directs the parties to submit a discovery statement on or before September 8, 2010.  Further, ALJ Bullock determined that “[b]ased on the number of asserted patents (i.e., 7), the undersigned believes a Markman hearing will be beneficial in streamlining the issues for the evidentiary hearing…”  The Order also contains ALJ Bullock’s ground rules for the investigation.

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