ALJ Bullock

ALJ Bullock Grants Non-Party Motion To Quash Subpoena In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
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May
07
On April 16, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 90 (dated April 2, 2013) in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (337-TA-855).

According to the Order, non-party Hitachi, Ltd. (“Hitachi”) filed a motion to quash or limit the subpoena duces tecum served on it by Respondent Maxon Precision Motors, Inc. (“Maxon”).  Maxon opposed the motion.

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ALJ Bullock Denies Motion To Compel For Failure To Include Separate Memorandum In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
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May
07
On April 16, 2013, Chief ALJ Charles E. Bullock issued Order No. 95 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (337-TA-855).

In the Order, ALJ Bullock noted that his Ground Rule 3.1 requires all non-procedural motions to include a separate memorandum of points and authorities in support of the motion.  Because Respondents’ motion here failed to include a separate memorandum of points and authorities, ALJ Bullock denied the motion as failing to comply with Ground Rule 3.1.

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ALJ Bullock Issues Notice Regarding Remand Determination In Certain Video Game Systems And Wireless Controllers (337-TA-770)

By Eric Schweibenz
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May
09
On May 7, 2013, Chief ALJ Charles E. Bullock issued a notice of Remand Determination ("RD") in Certain Video Game Systems and Wireless Controllers and Components Thereof(Inv. No. 337-TA-770).

By way of background, on August 31, 2012, ALJ Bullock issued an initial determination finding no violation of Section 337 by Respondents Nintendo of America, Inc. and Nintendo Co., Ltd. (collectively, “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.

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
May
10
On May 6, 2013, Chief ALJ Charles E. Bullock issued Order No. 100 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, Ltd. and Respondent Bose Corporation filed a joint motion to terminate the investigation based on a settlement agreement between the parties.  The Commission Investigative Staff filed a response in support of the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Bullock Denies Respondents' Motions For Summary Determination Of Noninfringement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
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May
10
On May 7, 2013, Chief ALJ Bullock issued Order No.102and Order No. 103 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855).

According to Order No. 102, Respondents Bose Corporation ("Bose") and Bosch Security Systems, Inc. moved for summary determination of noninfringement of U.S. Patent No. 6,527,874.  ALJ Bullock found that summary determination was not appropriate in view of genuine issues of material fact that may remain, and denied the motion.

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

By Eric Schweibenz
|
May
14
On May 9, 2013, ALJ Charles E. Bullock issued the public version of Order No. 97 (dated April 23, 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, Ltd. (collectively, “Hitachi Metals”) moved to compel depositions from Respondent Yantai Zhenghai Magnetic Material Co., Ltd. (“Yantai”) and discovery responses from Respondents Yantai, Ningbo Jinji Strong Magnetic Material Co., Ltd. and Anhui Earth-Panda Advance Magnetic Material Co., Ltd. (collectively, “Respondents”).  Hitachi Metals argued that it complied with Ground Rule 3.2 by providing notice to Respondents on March 22, 2013 and by meeting and conferring on March 24, 2013.  In opposition, Respondents contended that Hitachi Metals failed to make a reasonable good-faith effort to resolve the issue.  Specifically, Respondents asserted that Hitachi Metals simply informed Respondents that they were moving to compel.

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
May
20
On May 14, 2013, Chief ALJ Charles E. Bullock issued Order No. 106 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, Ltd. (“Hitachi”) and Respondents Milwaukee Electric Tool Corporation and Techtronic Industries Company Limited (collectively, “Respondents”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Respondents.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Bullock Sets 16-Month Target Date In Certain Linear Actuators (337-TA-880)

By Eric Schweibenz
|
May
29
Further to our May 3, 2013 post, on May 23, 2013, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Linear Actuators (Inv. No. 337-TA-880).

In the Order, ALJ Bullock set September 5, 2014 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation).  In addition, ALJ Bullock directed the parties to submit proposed procedural schedules by May 31, 2012.  ALJ Bullock further noted that the Markman hearing will take place on August 9, 2013 and the evidentiary hearing in this investigation will commence on January 27, 2014, for purposes of preparing proposed procedural schedules.

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ALJ Bullock Denies Motion For Summary Determination Of Noninfringement And Motion In Limine In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
May
31
On May 29, 2013, Chief ALJ Bullock issued Order Nos.115 and 119 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855).

According to Order No. 115, Respondent Bunting Magnetics Co. (“Bunting”) filed a motion in limine to exclude evidence related to non-parties affiliated with Bunting.  ALJ Bullock denied Bunting’s motion without consideration because Bunting failed to comply with Ground Rule 8.4’s requirement that all motions in limine include the exhibit(s) that are subject to the motion.

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ALJ Bullock Terminates Investigation Based On Settlement Agreements In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jun
03
On May 28, 2013, Chief ALJ Charles E. Bullock issued Order Nos. 108 and 111-114 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to Order No. 108, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (“Hitachi”) and Respondent Maxon Precision Motors, Inc. (“Maxon”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Maxon.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jun
07
On June 4, 2013, Chief ALJ Charles E. Bullock issued Order No. 126 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, Ltd. (“Hitachi”) and Respondents Dr. Fritz Faulhaber GmbH & Co. KG and Micromo Electronics, Inc. (collectively, “Respondents”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Respondents.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Bullock Sets Procedural Schedule In Certain Linear Actuators (337-TA-880)

By Eric Schweibenz
|
Jun
07
On June 4, 2013, Chief ALJ Charles E. Bullock issued Order No. 5 in Certain Linear Actuators (Inv. No. 337-TA-880).

In the Order, ALJ Bullock set the procedural schedule for the investigation.  ALJ Bullock included provisions for the early identification and exchange of claim terms and constructions and also determined that the Markman hearing will take place on August 9, 2013; the evidentiary hearing will commence on January 27, 2014; any initial determination is due no later than May 5, 2014; and the target date for completing the investigation is September 5, 2014.

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ALJ Bullock Grants Motion To Terminate Investigation In Certain Wiper Blades (337-TA-816)

By Eric Schweibenz
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Jun
17
On June 13, 2013, Chief ALJ Charles E. Bullock issued Order No. 70 in Certain Wiper Blades (Inv. No. 337-TA-816).

According to the Order, ALJ Essex granted a joint motion filed by Complainant Robert Bosch LLC and Respondents Pylon Manufacturing Corp., Scan Top Enterprise Co., Ltd., and Danyang UPC Auto Parts Co., Ltd. to terminate the investigation based on a consent order stipulation and proposed consent order.

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ALJ Bullock Terminates Investigation Based On Withdrawal Of Complaint In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jun
18
On June 13, 2013, Chief ALJ Charles E. Bullock issued Order No. 130 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, Ltd. (“Hitachi”) moved to terminate the investigation as to Respondents Beats Electronics, LLC, Bosch Security Systems, Inc., and Callaway Golf Co. (“Callaway”) (collectively, the “Remaining Respondents”) on the basis of withdrawal of the complaint.  Because all other respondents have either entered into settlement agreements with Hitachi or otherwise been terminated from the Investigation, Hitachi also moved for an initial determination terminating this Investigation in its entirety.  The Commission Investigative Staff (“OUII”) filed its response in support of the motion.  Callaway indicated that it did not oppose Hitachi’s motion and no other responses were received. 

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ALJ Bullock Issues Supplemental Claim Construction Order in Certain Wiper Blades (337-TA-816)

By Eric Schweibenz
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Jun
20
On June 12, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 69 (dated May 22, 2013) construing certain disputed terms in Certain Wiper Blades (Inv. No. 337-TA-816).

By way of background, the investigation is based on a complaint filed by Robert Bosch LLC (“Bosch”) alleging violation of Section 337 in the importation and sale of certain “flat” or “beam-type” wiper blade devices that infringe one or more claims of the asserted patents.  See our October 27, 2011 post for more details.  On August 31, 2012, a Markman order issued finding certain terms of the asserted patents indefininte.  Thus, the ALJ declined to construe all of the disputed terms contained within those claims.  Following these findings, as explained in our October 5, 2012 post, ALJ Bullock granted summary determination of invalidity and noninfringement as to certain of the remaining asserted claims.  The Commission determined to review these summary judgment orders and the claim constructions they turned upon resulting in a reversal of ALJ Bullock’s findings of indefiniteness.  See our April 29, 2013 post for more details.  Accordingly, Order No. 69 provides claim constructions for those limitations of U.S. Patent Nos. 6,836,926 (the ‘926 patent) and 6,973,698 (the ‘698 patent) not previously construed by ALJ Bullock in his original Markman order.

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jun
28
On June 10, 2013, Chief ALJ Charles E. Bullock issued Order No. 129 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, Ltd. (“Hitachi”) and Respondent Bunting Magnetics Co. (“Bunting”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Bunting.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Bullock Issues Recommended Determination On Remedy In Certain Ground Fault Circuit Interrupters (337-TA-739)

By Eric Schweibenz
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Jul
09
On June 25, 2013, Chief ALJ Charles E. Bullock issued the public version (dated May 22, 2013) of the Recommended Determination on Remedy (“RD”) in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).

By way of background, the International Trade Commission (the “Commission”) issued its final determination on April 27, 2012 finding a violation of Section 337 with respect to U.S. Patent No. 7,737,809.  Regarding remedy, the Commission issued a general exclusion order and a cease and desist order.  See our February 27, 2013 post.  On August 29, 2012, Complainant Leviton Manufacturing Co., Inc. (“Leviton”) filed a complaint for enforcement proceedings.  Following settlement by several respondents, Respondents American Electric Depot Inc. (“AED”); Shanghai ELE Manufacturing Corp. (“Shanghai ELE”); and Shanghai Jia AO Electrical Co., Ltd. (“Shanghai Jia AO”) (collectively, the “Defaulting Respondents”) remained in the proceeding.  The Defaulting Respondents failed to respond to ALJ Bullock’s order directing the Defaulting Respondents to show cause why they should not be in default; accordingly, ALJ Bullock issued an order finding the Defaulting Respondents in default. 

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ALJ Bullock Sets Target Date In Certain Windshield Wiper Devices (337-TA-881)

By Eric Schweibenz
|
Jul
11
Further to our June 10, 2013 post, on July 9, 2013, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Windshield Wiper Devices and Components Thereof (Inv. No. 337-TA-881).

In the Order, ALJ Bullock set September 11, 2014 as the target date for completing the investigation (which is approximately fifteen months after institution of the investigation).  In addition, ALJ Bullock directed the parties to submit proposed procedural schedules by July 17, 2013.  ALJ Bullock further noted that, for purposes of preparing proposed procedural schedules, the Markman hearing will take place on August 15, 2013 and the evidentiary hearing in this investigation will commence on January 27, 2014.

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ALJ Bullock Rules on Motions In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jul
15
On June 25, 2013, Chief ALJ Charles E. Bullock issued Order Nos. 120 (dated May 29, 2013), 121 (dated May 29, 2013), 122 (dated May 30, 2013), 123 (dated May 30, 2013), 124 (dated May 30, 2013), and 125 (dated May 30, 2013) in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to Order No. 120, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (collectively, “Hitachi Metals”) filed a high priority objection to preclude Respondents from relying on prior art not disclosed in discovery.  Respondents asserted that the documents at issue are merely English-language translations of foreign-language documents produced during discovery.  Based on the pleadings and arguments presented, ALJ Bullock denied the motion.

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ALJ Bullock Issues Notice Of Initial Determination In Certain Ink Application Devices (337-TA-832)

By Eric Schweibenz
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Jul
19
On July 18, 2013, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination (“ID”) in Certain Ink Application Devices and Components Thereof and Methods of Using the Same(Inv. No. 337-TA-832).

By way of background, this investigation is based on a January 13, 2012 complaint filed by MT.Derm GmbH of Germany and Nouveau Cosmetique USA Inc. of Orlando, Florida alleging violation of Section 337 in the importation into the U.S. and sale of certain ink application devices and components thereof that infringe one or more claims of U.S. Patent No. 6,505,530 (the ‘530 patent).  The remaining Respondent in the investigation is T-Tech Tattoo Device Inc. (“T-Tech”).  Seeour March 2, 2012 post for more details on this investigation.

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