ALJ Bullock

ALJ Bullock Grants Motion To Terminate Investigation In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Nov
21
On November 16, 2012, Chief ALJ Charles E. Bullock issued Order No. 28 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855). 

According to the Order, ALJ Bullock granted a joint motion filed by Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. and Respondent Electro-Optics Technology, Inc. (“Electro-Optics”) to terminate the investigation as to Electro-Optics based on a consent order stipulation, proposed consent order, and a settlement agreement.  ALJ Bullock determined that the consent order stipulation complied with Commission Rule 210.21(c)(3), and that there is no evidence of record that terminating the investigation as to Electro-Optics would be contrary to the public interest. 

Share

Read More

ALJ Bullock Sets Target Date And Procedural Schedule For Remand Proceeding In Certain Video Game Systems (337-TA-770)

By Eric Schweibenz
|
Nov
21
On November 16, 2012, Chief ALJ Charles E. Bullock issued Order No. 43 in Certain Video Game Systems and Wireless Controllers and Components Thereof(337-TA-770).  In the Order, ALJ Bullock set the target date and procedural schedule for the remand investigation.

By way of background, this investigation was instituted on April 20, 2011 based on a complaint filed by Creative Kingdoms, LLC and New Kingdoms, LLC (collectively, “CK”) alleging a violation of Section 337 by Respondents Nintendo of America, Inc. and Nintendo Co., Ltd. (collectively, “Nintendo”) for the importation into the U.S. and sale of certain video game systems and wireless controllers and components thereof including Nintendo’s Wii wireless game system and controllers.  CK alleged that Nintendo violated Section 337 with respect to U.S. Patent Nos. 7,850,527, 7,500,917, and 7,896,742.  On August 31, 2012, ALJ Bullock issued the initial determination finding no violation of Section 337 by Nintendo in this investigation with respect to the patents-at-issue.  See our October 12, 2012 post for more details.  On November 6, 2012, the International Trade Commission (the “Commission”) issued a notice indicating that the Commission revised the claim construction of “toy wand,” and in light of this construction, remanded the case to ALJ Bullock to determine infringement, validity, and domestic industry of the ‘917 and ‘742 patents.  See our November 8, 2012 and November 12, 2012 posts for more information about the Commission’s prior notice and opinion.   

Share

Read More

ALJ Bullock Grants Motion For Summary Determination On Invalidity In Certain Products Containing Interactive Program Guide And Parental Controls (337-TA-820)

By Eric Schweibenz
|
Nov
23
On November 14, 2012, Chief ALJ Charles E. Bullock issued Order No. 45 in Certain Products Containing Interactive Program Guide and Parental Controls Technology (Inv. No. 337-TA-820).  Due to its size, we have broken the Order into part 1 and part 2.

In the Order, ALJ Bullock granted-in-part Respondent VIZIO, Inc.’s (“Vizio”) motion for summary determination of invalidity of claims 1–5, 7, 8, and 10–12 of U.S. Patent No. 6,701,523 (the ‘523 patent); claims 1, 3, and 4 of U.S. Patent No. 7,493,643 (the ‘643 patent); and claims 38, 39, 41, 43, 44, and 49 of U.S. Patent No. RE41,993 (the ‘993 patent).

Share

Read More

ALJ Bullock Grants Motion To Terminate Investigation As To Adidas America In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Nov
27
On November 21, 2012, Chief ALJ Charles E. Bullock issued the public version of Order No. 25 (dated November 6, 2012) in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855). 

According to the Order, ALJ Bullock granted a joint motion filed by Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (collectively, “Hitachi”) and Respondent Adidas America, Inc. (“Adidas”) to terminate the investigation as to Adidas based on good cause.  According to the Order, Hitachi and Adidas represented that (i) Adidas “does not make, use, sell, offer to sell or import for sale any products that incorporate sintered Nd-Fe-B magnets,” and (ii) “to the extent that Taylor Made Golf Company, Inc. … makes, uses, sells, offers to sell or imports for sale products that incorporate sintered Nd-Fe-B magnets and markets the products under the Adidas trademark, Taylor Made does so pursuant to a trademark license allowing Taylor Made to mark its products with the Adidas trademark.” 

Share

Read More

ALJ Bullock Grants Motion To Terminate Investigation In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Nov
27
On November 20, 2012, Chief ALJ Charles E. Bullock issued Order No. 29 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855). 

According to the Order, ALJ Bullock granted a joint motion filed by Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. and Respondent Shure, Inc. (“Shure”) to terminate the investigation as to Shure based on a consent order stipulation, proposed consent order, and a settlement agreement.  ALJ Bullock determined that the consent order stipulation complied with Commission Rule 210.21(c)(3), and that there is no evidence of record that terminating the investigation as to Shure would be contrary to the public interest. 

Share

Read More

ALJ Bullock Rules On Motion And Cross-Motion To Compel Discovery In Certain Rubber Resins (337-TA-849)

By Eric Schweibenz
|
Nov
28
On November 21, 2012, ALJ Charles E. Bullock issued the public version of Order No. 12 (dated November 6, 2012) granting-in-part Respondents’ motion to compel discovery and denying Complainant’s cross motion to compel discovery in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849).

As an initial matter, ALJ Bullock reprimanded both Respondents’ and Complainant’s counsel for presenting substantive arguments via e-mail in response to an email sent by ALJ Bullock’s attorney-advisor asking the parties to “advise whether the motion and the issues presented therein remain ripe for resolution.”  Specifically, ALJ Bullock stated that “presenting arguments in e-mails to the undersigned’s attorney-adviser is unprofessional, wholly inappropriate, and will not be tolerated.”

Share

Read More

ALJ Bullock Denies Summary Determination Motion For Failure To Include A Separate Memorandum Of Points And Authorities In Certain Ink Application Devices (337-TA-832)

By Eric Schweibenz
|
Dec
05
On December 3, 2012, Chief ALJ Charles E. Bullock issued Order No. 14 in Certain Ink Application Devices and Components Thereof and Methods of Using The Same (Inv. No. 337-TA-832).

In the Order, ALJ Bullock denied a motion filed by Respondent T-Tech Tattoo Device, Inc. (“T-Tech”) for summary determination that Complainants have not satisfied the economic prong of the domestic industry requirement with respect to the asserted patents.  ALJ Bullock noted that Ground Rule 3.1 requires a moving party to include a separate memorandum of points and authorities in support of the motion.  According to the Order, T-Tech’s motion failed to include the required memorandum.  Accordingly, ALJ Bullock denied T-Tech’s motion for failure to comply with Ground Rule 3.1.

Share

Read More

ALJ Bullock Sets Target Date For Enforcement Proceeding In Certain Ground Fault Circuit Interrupters (337-TA-739)

By Eric Schweibenz
|
Dec
05
On December 3, 2012, Chief ALJ Charles E. Bullock issued Order No. 72 (dated November 30, 2012) in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).

In the Order, ALJ Bullock set December 1, 2013 as the target date for completing the investigation (which is approximately thirteen months after institution of the investigation).  The investigation is based on an enforcement complaint filed by Leviton Manufacturing Co., Inc. on August 29, 2012 alleging that Menard, Inc., Shanghai ELE Manufacturing Corp., Shanghai Jia AO Electrical Co., Ltd., Westside Wholesale Electric & Lighting, Inc., Westside Electric Wholesale, Inc., Westside Wholesale, Inc., American Ace Supply Inc., and American Electric Depot Inc. violated cease and desist orders and/or a general exclusion order entered in the underlying investigation.  See our September 4, 2012 post for additional details.

Share

Read More

ALJ Bullock Grants Complainants’ Motion To Compel In Certain Ink Application Devices (337-TA-832)

By Eric Schweibenz
|
Dec
06
On December 4, 2012, Chief ALJ Charles E. Bullock issued Order No. 15 granting Complainants MT.Derm GmbH and Nouveau Cosmetique USA, Inc. (“Complainants”) motion to compel Respondent T-Tech Tattoo Device, Inc. (“T-Tech”) to respond to Complainants’ first set of interrogatories and first set of requests for production in Certain Ink Application Devices and Components Thereof and Methods of Using Same (Inv. No. 337-TA-832).

According to the Order, Complainants argued that T-Tech not only failed to respond to Interrogatory Nos. 1-11 and Request for Production Nos. 1-21, but refused to provide any discovery on the ground that T-Tech did not believe it infringed.  Complainants further asserted that T-Tech claimed it would never respond to the requested discovery, and that T-Tech waived any objection thereto since it did not provide written responses within the ten-day period.  Complainants maintain that the requested discovery “relates squarely to matters at issue in the Investigation, including the manufacture, design, sales, and importation of the accused products.”  The Commission Investigative Staff (“OUII”) supported the motion.

Share

Read More

ALJ Bullock Grants Motion To Terminate-In-Part Investigation In Certain Products Containing Interactive Program Guide And Parental Controls Technology (337-TA-820)

By Eric Schweibenz
|
Dec
07
On December 5, 2012, Chief ALJ Charles E. Bullock issued Order No. 52 granting Respondent Vizio, Inc.'s ("Vizio") unopposed renewed motion to terminate-in-part this investigation as to U.S. Patent No. RE41,993 (the '993 patent) in Certain Products Containing Interactive Program Guide and Parental Controls Technology (Inv. No. 337-TA-820).

According to the Order, Vizio argued that Complainants Rovi Corporation, Rovi Guides, Inc., United Video Properties, Inc., Gemstar Development Corporation, and Index Systems, Inc. (collectively, "Rovi") cannot obtain an effective remedy because the '993 patent will expire before the conclusion of the investigation.  Rovi did not oppose the motion.  ALJ Bullock found good cause to grant the motion, observing that the target date of the investigation is September 23, 2013, almost two months after the expiration date of the '993 patent.

Share

Read More

ALJ Bullock Grants-In-Part Motion To Strike Expert Reports In Certain Wiper Blades (337-TA-816)

By Eric Schweibenz
|
Dec
14
On December 12, 2012, Chief ALJ Charles E. Bullock issued Order No. 56 granting-in-part Complainant Robert Bosch LLC's ("Bosch") motion to strike portions of Respondents ADM21 Co., Ltd., ADM21 Co. (North America), Ltd., Cequent Consumer Products, Inc., RainEater LLC (collectively, the "ADM21 Respondents") and Respondents Corea Autoparts Producing Corporation, CAP America, and PIAA Corporation USA's (collectively, the "CAP Respondents") initial expert reports on invalidity in Certain Wiper Blades (Inv. No. 337-TA-816).

According to the Order, Bosch sought to strike certain portions of (1) the opening expert report of Gregory Davis regarding U.S. Patent Nos. 6,973,698, 6,836,926 and 6,675,434 and (2) the opening expert report of Walter Cempura regarding U.S. Patent Nos. 6,944,905 and 6,523,218.  Bosch argued that both reports improperly rely on references that were not identified in any of the ADM21 or CAP Respondents' notices of prior art, and merely list references or figures from references without providing sufficient notice as to the basis of the obviousness arguments that the ADM21 or CAP Respondents intend to assert, in violation of Ground Rule 6.  Thus, Bosch requested that the portions of both reports that rely on the references in question be stricken.

Share

Read More

ALJ Bullock Grants Motions To Terminate Investigation In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Dec
19
On December 18, 2012, Chief ALJ Charles E. Bullock issued Order Nos. 36, 37, and 40 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855).

According to Order No. 36, ALJ Bullock granted a joint motion filed by Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (collectively, “Hitachi”) and Respondent Skullcandy, Inc. (“Skullcandy”) to terminate the investigation as to Skullcandy based on a consent order stipulation, proposed consent order, and a settlement agreement. 

Share

Read More

ALJ Bullock Issues Public Version Of Initial Determination Finding No Violation of Section 337 In Certain Static Random Access Memories (337-TA-792)

By Eric Schweibenz
|
Dec
21
On December 18, 2012, Chief ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) (dated October 25, 2012) finding no violation of Section 337 in Certain Static Random Access Memories and Products Containing Same (Inv. No. 337-TA-792).

By way of background, the Complainant in this matter is Cypress Semiconductor Corporation (“Cypress”) and the remaining Respondents are GSI Technology, Inc. (“GSI”), Cisco Systems, Inc. (“Cisco”); and Avnet, Inc. (“Avnet”) (collectively, the “Respondents”).  See our July 26, 2011 post for more information about this investigation.

Share

Read More

ALJ Bullock Grants Motion To Terminate Investigation As To Allstar Magnetics In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jan
08
On January 2, 2013, Chief ALJ Charles E. Bullock issued Order No. 41 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855). 

According to the Order, ALJ Bullock granted a joint motion filed by Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. and Respondent Allstar Magnetics, LLC (“Allstar Magnetics”) to terminate the investigation as to Allstar Magnetics based on a consent order stipulation, proposed consent order, and a settlement agreement. 

Share

Read More

ALJ Bullock Grants Motion To Terminate Investigation As To American Ace Supply In Certain Ground Fault Circuit Interrupters (337-TA-739)

By Eric Schweibenz
|
Jan
08
On January 3, 2013, Chief ALJ Charles E. Bullock issued Order No. 74 in Certain Ground Fault Circuit Interrupters and Products Containing Same(Inv. No. 337-TA-739).

According to the Order, ALJ Bullock granted a joint motion filed by Complainant Leviton Manufacturing Co., Inc. and Respondent American Ace Supply, Inc. (“American Ace Supply”) to terminate the investigation as to American Ace Supply based on a settlement agreement. 

Share

Read More

ALJ Bullock Grants Motion To Terminate Investigation As To Vizio In Certain Products Containing Interactive Program Guide And Parental Control Technology (337-TA-820)

By Eric Schweibenz
|
Jan
09
On January 8, 2013, Chief ALJ Charles E. Bullock issued Order No. 56 in Certain Products Containing Interactive Program Guide and Parental Control Technology (Inv. No. 337-TA-820). 

In the Order, ALJ Bullock granted a joint motion filed by Complainants Rovi Corporation, Rovi Guides, Inc., United Video Properties, Inc., Gemstar Development Corporation, and Index Systems, Inc. and Respondent Vizio, Inc. (“Vizio”) to terminate the investigation based on a settlement agreement.

Share

Read More

ALJ Bullock Rules On Discovery Motions In Certain Products Containing Interactive Program Guide And Parental Control Technology (337-TA-820)

By Eric Schweibenz
|
Jan
24
On January 15, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 47 (dated November 16, 2012) and Order No. 50 (dated November 26, 2012) in Certain Products Containing Interactive Program Guide and Parental Control Technology (Inv. No. 337-TA-820).

According to Order No. 47, Respondent Vizio, Inc. (“Vizio”) filed a motion to compel complainants Rovi Corporation, Rovi Guides, Inc., United Video Properties, Inc., Gemstar Development Corporation, and Index Systems, Inc. (collectively, “Rovi”) to provide responsive answers to several of Vizio’s discovery requests that covered a variety of issues.  Specifically, Vizio argued that Rovi failed to provide complete and substantive responses to discovery requests related to conception, reduction to practice, and diligence. 

Share

Read More

ALJ Rogers Denies Motions for Summary Determination In Certain Digital Models, Digital Data, And Treatment Plans For Use In Making Incremental Dental Positioning Adjustment Appliances (337-TA-833)

By Eric Schweibenz
|
Jan
25
On January 22, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 20 (dated January 14, 2013) and Order No. 24 (dated January 22, 2013) in Certain Digital Models, Digital Data, and Treatment Plans For Use In Making Incremental Dental Positioning Adjustment Appliances Made Therefrom, and Methods of Making the Same (Inv. No. 337-TA-833). 

According to Order No. 20, Respondents ClearCorrect Operating, LLC and ClearCorrect Pakistan (Private), Ltd. (collectively, “Respondents”) filed a motion for partial summary determination.  Specifically, Respondents asserted the following: 1) no direct infringement of Group A or Group B method claims; 2) no induced infringement of Group A or Group B method claims; 3) claim 1 of U.S. Patent No. 6,722,880 (the ‘880 patent) is invalid; and 4) Complainant Align Technology, Inc. (“Align”) is estopped from asserting any patent related to U.S. Patent No. 6,554,611 (the ‘611 patent) based on a covenant signed by Align.

Share

Read More

ALJ Bullock Denies Motion To Compel In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jan
28
On January 24, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 45 (dated January 14, 2013) in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to the Order, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina (collectively, “Hitachi Metals”) filed a motion to compel discovery from Respondent Bunting Magnetics, Co. (“Bunting”).  Hitachi Metals argued that Bunting either failed to respond or failed to respond adequately to certain discovery requests related to prior art and financial, cost, and sales information.  In opposition, Bunting asserted that Hitachi Metals failed to bring the discovery dispute to the Discovery Committee in violation of Ground Rule 4.1.1.

Share

Read More

ALJ Bullock Grants Motion To Terminate Investigation In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jan
28
On January 22, 2013, ALJ Charles E. Bullock issued the public version of Order No. 44 (dated January 8, 2013) in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same(Inv. No. 337-TA-855).

According to the Order, ALJ Bullock granted a motion filed by Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (collectively, “Hitachi Metals”) to terminate the investigation based on withdrawal of the complaint as to Respondents TELEX Communications, Inc. (“TELEX”) and Electro-Voice, Inc. (“Electro-Voice”).  The motion was based on Bosch Security Systems, Inc’s (“Bosch”) assertion that TELEX and Electro-Voice are not separate corporate entities independent of Bosch.  The Commission Investigative Staff supported the motion.  Accordingly, ALJ Bullock granted the motion and terminated the investigation as to TELEX and Electro-Voice.

Share

Read More