ALJ Bullock

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

By Eric Schweibenz
|
Feb
17
On February 16, 2011, ALJ Charles E. Bullock issued Order No. 66 in Certain Mobile Communications and Computer Devices and Components Thereof (Inv. No. 337-TA-704).

In the Order, ALJ Bullock determined that the evidentiary hearing in this matter will commence on April 13, 2011, the Initial Determination is due on June 24, 2011, and the target date for completion of this investigation is October 24, 2011.

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ALJ Bullock Sets Procedural Schedule In Certain Mobile Telephones And Modems (337-TA-758)

By Eric Schweibenz
|
Mar
01
On February 25, 2011, ALJ Charles E. Bullock issued Order No. 4: Setting The Procedural Schedule in Certain Mobile Telephones and Modems (Inv. No. 337-TA-758).

In the Order, ALJ Bullock determined that the evidentiary hearing in this matter will commence on December 5, 2011, the Initial Determination is due on April 2, 2012, and the target date for completion of this investigation is August 2, 2012.

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ALJ Bullock Rules On Motions To Compel In Certain Portable Electronic Devices and Related Software (337-TA-721)

By Eric Schweibenz
|
Mar
15
On March 10, 2011, ALJ Charles E. Bullock issued the public version of Order No. 34 (dated February 17, 2011) and Order No. 36 (dated March 1, 2011) in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-721).

According to Order 34, Complainant HTC Corp. (“HTC”) moved to compel Respondent Apple, Inc. (“Apple”) to produce an end-user customer list for each of the accused Apple products (i.e., the iPhone, iPod Touch and iPad), asserting that Apple refused to identify end-user customers in response to HTC’s interrogatories despite HTC’s numerous attempts to narrow the scope of such discovery, which HTC claims is relevant to its indirect infringement allegations.  Apple and the Commission Investigative Staff (“OUII”) argued in opposition that HTC’s interrogatories requesting identification of each Apple customer in the U.S. that received an accused product are not only overly broad and unduly burdensome, but also raise privacy concerns, and that HTC should be able to identify domestic users without burdening Apple given the ubiquitous nature of the accused products.  ALJ Bullock agreed with Apple and the OUII and denied HTC’s motion.

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ALJ Bullock Grants Motion to Reopen Proceedings In Certain Mobile Communications and Computer Devices (337-TA-704)

By Eric Schweibenz
|
Mar
16
On March 10, 2011, ALJ Charles E. Bullock issued the public version of Order No. 64 (dated February 10, 2011) granting Respondents Nokia Corporation and Nokia Inc.’s (collectively, “Nokia”) motion to reopen the proceedings in Certain Mobile Communications and Computer Devices and Components Thereof (Inv. No. 337-TA-704).  Specifically, ALJ Bullock addressed Nokia’s motion to reopen the proceedings to permit (1) limited discovery pertaining to the production of prior art materials, (2) expert reports analyzing this prior art, and (3) a hearing to evaluate the experts’ testimony relating to this prior art.

According to the Order, Nokia argued that it sought discovery relating to Complainant Apple, Inc.’s (“Apple”) prior art NeXT and Pink systems since Apple produced little more than publicly available articles and marketing materials during the investigation.  Nokia indicated that because it lacked sufficient information about these systems, it focused its invalidity case for U.S. Patent No. 6,424,354 (“the ‘354 patent”) on other prior art references.  Nokia became aware of this prior art during a separate Apple/Nokia Investigation, Certain Personal Data and Mobile Communications Devices and Related Software (Inv. No. 337-TA-710).  After reviewing the prior art references, Nokia determined that the NeXT prior art was “indisputably relevant” and disclosed each element of at least the independent claims of the ‘354 patent.  Thus, Nokia filed its motion to reopen the proceedings.

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ALJ Bullock Sets 18 Month Target Date In Certain Digital Televisions (337-TA-764)

By Eric Schweibenz
|
Mar
31
Further to our March 9, 2011 post, on March 30, 2011, ALJ Charles E. Bullock issued Order No. 4 in Certain Digital Televisions and Components Thereof, and Certain Electronic Devices Having a Blu-Ray Disc Player and Components Thereof (Inv. No. 337-TA-764).

According to the Order, ALJ Bullock set September 10, 2012 as the target date (which is approximately 18 months after institution of the investigation).  In the Order, ALJ Bullock agreed with the private parties and the Commission Investigative Staff that an eighteen-month target date is appropriate since this investigation “involves eight patents that cover different and complex technologies, as well as accused products with a ‘lack of identity.’”

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ALJ Bullock Grants HTC’s Motion For Summary Determination That It Satisfies The Economic Prong Of The Domestic Industry Requirement In Certain Portable Electronic Devices and Related Software (337-TA-721)

By Eric Schweibenz
|
Mar
31
On March 24, 2011, ALJ Charles E. Bullock issued the public version of Order No. 40 (dated March 15, 2011) in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-721).

By way of background, the Complainant in this investigation is HTC Corp. (“HTC”) and the Respondent is Apple, Inc. (“Apple”).

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ALJ Bullock Issues Initial Determination On Enforceability In Certain Foam Footwear (337-TA-567)

By Eric Schweibenz
|
Apr
01
On March 29, 2011, ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) (dated February 9, 2011) in connection with the remand proceeding in Certain Foam Footwear (Inv. No. 337-TA-567).  ALJ Bullock determined that Respondents had not shown by clear and convincing evidence that U.S. Patent Nos. 6,993,858 (the ‘858 patent) and D517,789 (the ‘789 patent) are unenforceable due to inequitable conduct.

By way of background, Complainant Crocs, Inc. (“Crocs”) filed a complaint with the ITC naming eleven respondents, alleging violations of Section 337 by infringement of the ‘858 patent, the ‘789 patent and the Crocs trade dress.  All respondents except Double Diamond Distribution Ltd. and Effervescent, Inc. (collectively, “Respondents”) have been terminated from the investigation on the basis of a consent order, settlement agreement, or an undisputed Commission determination of non-infringement.  On April 11, 2008, ALJ Bullock issued an initial determination finding no violation of Section 337 by reason of invalidity of the ‘858 patent and non-infringement/non-satisfaction of the technical prong of the domestic industry requirement concerning the ‘789 patent.  ALJ Bullock made no findings regarding the enforceability of the ‘858 and ‘789 patents.  On July 25, 2008, the ITC affirmed ALJ Bullock’s initial determination with certain modifications and clarifications.  Crocs appealed the ITC decision and on February 24, 2010, the Federal Circuit overturned the ITC’s findings regarding invalidity of the ‘858 patent and non-infringement/non-satisfaction of the technical prong of the domestic industry requirement concerning the ‘789 patent, remanding the investigation for a determination of infringement and any appropriate remedies.  See our February 24, 2010 post for more information.  ALJ Bullock determined in a notice dated August 26, 2010, that “the issue of enforceability was tried before the undersigned and fully briefed by the parties in their post-trial submissions…[and thus] the remand proceedings will proceed on the evidence already of record.”

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

By Eric Schweibenz
|
Apr
07
On April 6, 2011, ALJ Charles E. Bullock issued Order No. 39 in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739). 

In the Order, ALJ Bullock granted a joint motion filed by Complainant Leviton Manufacturing Co., Inc. and Respondent Sutherland Lumber of Kansas City, LLC (“Sutherland”) to terminate the Investigation as to Sutherland based on a consent order stipulation.

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ALJ Bullock Grants Motions To Terminate Investigation In Certain Ground Fault Circuit Interrupters (337-TA-739)

By Eric Schweibenz
|
Apr
12
On April 8, 2011, and April 11, 2011, ALJ Charles E. Bullock issued Order Nos. 40 and 41, respectively, in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).

In Order No. 40, ALJ Bullock granted a joint motion filed by Complainant Leviton Manufacturing Co., Inc. (“Leviton”) and Respondent Ready Wholesale Electric and Lighting, Inc. (“Ready Wholesale”) to terminate the Investigation as to Ready Wholesale based on a consent order stipulation.

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ALJ Bullock Sets Procedural Schedule In Certain Digital Televisions (337-TA-764)

By Eric Schweibenz
|
Apr
19
On April 18, 2011, ALJ Charles E. Bullock issued Order No. 5: Setting Procedural Schedule in Certain Digital Televisions and Components Thereof, and Certain Electronic Devices Having a Blu-Ray Disc Player and Components Thereof (Inv. No. 337-TA-764).

In the Order, ALJ Bullock determined that the evidentiary hearing in this matter will commence on January 23, 2012, the Initial Determination is due on May 10, 2012, and the target date for completion of this investigation is September 10, 2012.

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ALJ Bullock Grants Motion To Compel Discovery In Certain Ground Fault Circuit Interrupters (337-TA-739)

By Eric Schweibenz
|
Apr
22
On April 21, 2011, ALJ Charles E. Bullock issued Order No. 42 in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).

In the Order, ALJ Bullock granted a motion filed by Complainant Leviton Manufacturing Co., Inc. (“Leviton”) to compel Respondent Norcross Electric Supply Company (“Norcross”) to respond to Leviton’s Second Set of Interrogatories.  According to the Order, the Commission Investigative Staff did not oppose the motion.

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ALJ Bullock Denies Motion to Compel Corporate Depositions In Certain Automated Media Library Devices (337-TA-746)

By Eric Schweibenz
|
Apr
28
On April 27, 2011, ALJ Charles E. Bullock issued Order No. 11 in Certain Automated Media Library Devices (Inv. No. 337-TA-746).  The Order denied a motion filed by Respondents BDT AG; BDT-Solutions GmbH & Co. KG; BDT Automation Technology (Zhuhai FTZ) Co., Ltd.; BDT de México, S. de R.L. de C.V. (collectively, “BDT”).

According to the Order, BDT’s motion requested that the ALJ compel Complainant Overland Storage, Inc. (“Overland”) to designate corporate witnesses and make them available for deposition.  In the motion, BDT asserted that, pursuant to Ground Rule 3.2, it “made reasonable, good faith efforts to resolve [the] matters with Overland,” that the parties were at an impasse, and that it notified Overland of its intent to file the motion.

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ALJ Bullock Sets Target Date In Certain Video Game Systems And Wireless Controllers (337-TA-770)

By Eric Schweibenz
|
May
03
Further to our April 21, 2011 post, on April 28, 2011, ALJ Charles E. Bullock issued Order No. 2: Notice of Ground Rules and Target Date; Order Setting Date for Submission of Discovery Statements in Certain Video Game Systems and Wireless Controllers, and Components Thereof (Inv. No. 337-TA-770).

By way of background, the Complainants in this investigation are Creative Kingdoms, LLC of Wakefield, Rhode Island and New Kingdoms, LLC of Nehalem, Oregon.  The Respondents are Nintendo Co., Ltd. of Japan and Nintendo of America, Inc. of Redmond, Washington.

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ALJ Bullock Issues Order Providing Guidance Regarding His Ground Rule 10.5.6 In Certain Portable Electronic Devices and Related Software (337-TA-721)

By Eric Schweibenz
|
May
05
On May 3, 2011, ALJ Charles E. Bullock issued Order No. 50 in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-721).

By way of background, the Complainant in this investigation is HTC Corp. of Taiwan (“HTC”) and the Respondent is Apple, Inc. (“Apple”).

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ALJ Bullock Rules On Motion to Supplement Notice Of Prior Art In Certain Portable Electronic Devices and Related Software (337-TA-721)

By Eric Schweibenz
|
May
13
On May 10, 2011, ALJ Charles E. Bullock issued the public version of Order No. 48 (dated April 26, 2011) in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-721), granting-in-part and denying-in-part Respondent Apple, Inc.’s (“Apple”) motion to submit a supplemental Notice of Prior Art.

According to the Order, Apple moved to (1) add two prior art references with respect to two asserted patents designated as the “Power Management Patents” (i.e., U.S. Patent Nos. 6,999,800 and 7,716,505), and (2) add three prior art references with respect to two additional asserted patents designated as the “Dialer Patents” (i.e., U.S. Patent Nos. 5,541,988 and 6,320,957).

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ALJ Bullock Sets Procedural Schedule In Certain Video Game Systems and Wireless Controllers (337-TA-770)

By Eric Schweibenz
|
May
25
Further to our April 21, 2011 and May 3, 2011 posts, on May 24, 2011, ALJ Charles E. Bullock issued Order No. 6: Setting Procedural Schedule in Certain Video Game Systems and Wireless Controllers, and Components Thereof (Inv. No. 337-TA-770).

By way of background, the Complainants in this matter are Creative Kingdoms, LLC of Wakefield, Rhode Island and New Kingdoms, LLC of Nehalem, Oregon.  The Respondents are Nintendo Co., Ltd. of Japan and Nintendo of America, Inc. of Redmond, Washington.

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ALJ Bullock Grants Motion To Disqualify Expert In Certain Automated Media Library Devices (337-TA-746)

By Eric Schweibenz
|
Jun
03
On June 1, 2011, ALJ Charles E. Bullock issued the public version of Order No. 12 (dated May 19, 2011) granting Complainant Overland Storage, Inc.’s (“Overland”) motion to disqualify Robert Long from serving as an expert witness for Respondents BDT AG, BDT-Solutions GmbH & Co. KG, BDT Products, Inc., BDT Automation Technology (Zhuhai FTZ) Co., Ltd., and BDT de México, S. de R.L. de C.V. (collectively, “BDT”) in Certain Automated Media Library Devices (Inv. No. 337-TA-746).

By way of background, on October 19, 2010, Overland filed a complaint requesting that the Commission commence an investigation pursuant to Section 337, alleging that BDT unlawfully imports into the U.S., sells for importation, and sells within the U.S. after importation certain automated media library devices that infringe U.S. Patent Nos. 6,328,766 (the ‘766 patent) and 6,353,581.  The Commission instituted this investigation on November 18, 2010.  See our November 22, 2010 post for more information.

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ALJ Bullock Denies Motions To Compel Discovery In Certain Ground Fault Circuit Interrupters (337-TA-739)

By Eric Schweibenz
|
Jun
09
On June 8, 2011, ALJ Charles E. Bullock issued the public versions of Order No. 49 (dated May 31, 2011) and Order No. 50 (dated June 2, 2011) denying motions filed by Complainant Leviton Manufacturing Co., Inc. (“Leviton”) to compel Respondent American Electric Depot (“AED”) to provide a witness in response to Leviton’s notice of deposition, and to otherwise cooperate in discovery in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).

According to Order No. 49, AED’s most knowledgeable person for deposition was on bed rest unable to travel for medical reasons.  AED was willing to answer written interrogatories in lieu of a deposition, but Leviton refused, insisting that the witness be made available for deposition by videotape.  Because Leviton declined the opportunity to obtain the requested information through an alternative method of discovery, ALJ Bullock denied the motion.

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ALJ Bullock Sets Target Date in Certain Wireless Communication Devices and Systems (337-TA-775)

By Eric Schweibenz
|
Jun
14
Further to our June 7, 2011 post, on June 9, 2011, ALJ Charles E. Bullock issued Order No. 2: Notice of Ground Rules and Target Date; Order Setting Date for Submission of Discovery Statements in Certain Wireless Communication Devices and Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-775).

By way of background, the Complainant in this investigation is Linex Technologies, Inc. of Palm Beach Gardens, Florida, and the Respondents are Hewlett-Packard Company of Palo Alto, California, Apple Inc. of Cupertino, California, Aruba Networks, Inc. of Sunnyvale, California, Meru Networks of Sunnyvale, California, and Ruckus Wireless of Sunnyvale, California.

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ALJ Bullock Grants Motion To Terminate Investigation In Certain Mobile Communications And Computer Devices (337-TA-704)

By Eric Schweibenz
|
Jun
27
On June 24, 2011, ALJ Charles E. Bullock issued the public version of Order No. 73 in Certain Mobile Communications and Computer Devices and Components Thereof(Inv. No. 337-TA-704). 

By way of background, the Complainant in this investigation is Apple Inc. (“Apple”) and the Respondents are Nokia Corporation and Nokia Inc. (collectively, “Nokia”).

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