ALJ Essex

ALJ Essex Grants Motion To Terminate Investigation As To Sabrent In Certain Computers and Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
|
Oct
11
On October 10, 2012, ALJ Theodore R. Essex issued Order No. 24 in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same(Inv. No. 337-TA-841).

In the Order, ALJ Essex granted a motion filed by Complainant Technology Properties Limited LLC (“TPL”) to terminate the investigation as to Respondent Sabrent (“Sabrent”) based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Gildea granted the motion filed by TPL.

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ALJ Essex Grants-In-Part Motion For Summary Determination Of Bond Forfeiture In Certain Semiconductor Chips With Minimized Chip Package Size (337-TA-605)

By Eric Schweibenz
|
Oct
12
On October 9, 2012, ALJ Theodore R. Essex issued the public version of Order No. 73 (dated September 18, 2012) granting-in-part complainant Tessera, Inc.’s (“Tessera”) renewed motion for summary determination that respondent Freescale Semiconductor, Inc. (“Freescale) forfeit the bonds posted pursuant to the cease and desist order and limited exclusion order entered in Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-605).

By way of background, this investigation was instituted in May 2007 based on Tessera’s complaint against respondents Spansion, Inc., Spansion, LLC, Qualcomm, Inc., ATI Technologies, Motorola, Inc., STMicroelectronics N.V., and Freescale alleging violation of Section 337 by reason of infringement of U.S. Patent Nos. 5,852,326 and 6,433,419.  On May 20, 2009, the Commission issued its final disposition of the investigation, finding a violation of Section 337 and issuing a limited exclusion order against the respondents and cease and desist orders against several domestic respondents.  See our May 22, 2009 and June 11, 2009 and May 28, 2010 posts for more details.  On December 30, 2009, ALJ Essex previously denied Tessera’s motion for forfeiture of respondents’ bonds, limited discovery, and an evidentiary hearing.  See our July 1, 2010 post for more details.

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ALJ Essex Grants-In-Part and Denies-In-Part Motion to Amend Protective Order in Certain Electronic Imaging Devices (337-TA-850)

By Eric Schweibenz
|
Oct
12
On October 3, 2012, ALJ Theodore R. Essex issued Order No. 9 (dated October 2, 2012) granting-in-part and denying-in-part Complainant FlashPoint Technology, Inc.’s (“FlashPoint”) motion to supplement the protective order as it relates to source code in Certain Electronic Imaging Devices(Inv. No. 337-TA-850).

By way of background, the investigation is based on a complaint filed by FlashPoint alleging violation of Section 337 in the importation into the U.S. and sale of certain electronic imaging devices that infringe one or more claims of U.S. Patent Nos. 6,400,471, 6,222,538, 6,504,575, and 6,223,190.  See our May 25, 2012 post for more details.

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ALJ Essex Grants Complainant Peregrine’s Unopposed Motion to Withdraw Complaint in Certain Radio Frequency Integrated Circuits (337-TA-848)

By Eric Schweibenz
|
Oct
16
On October 15, 2012, ALJ Theodore R. Essex issued Order No. 9, granting Complainant Peregrine Semiconductor Corporation’s (“Peregrine”) unopposed motion to withdraw its complaint in Certain Radio Frequency Integrated Circuits and Devices Containing Same (Inv. No. 337-TA-848). 

According to the order, Peregrine’s motion stated that there were no agreements between the parties concerning the subject of the investigation.  ALJ Essex also granted Peregrine’s request to suspend the procedural schedule of the investigation pending the Commission’s final determination regarding Peregrine’s motion.  Accordingly, ALJ Essex determined to grant Peregrine’s motion and terminated this investigation in its entirety based on Peregrine’s withdrawal of its complaint.

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ALJ Essex Issues Notice Of Initial Determination In Certain Devices For Improving Uniformity Used In A Backlight Module (337-TA-805)

By Eric Schweibenz
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Oct
23
On October 22, 2012, ALJ Theodore R. Essex issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Devices For Improving Uniformity Used In A Backlight Module and Components Thereof and Products Containing the Same(Inv. No. 337-TA-805).

By way of background, the Complainants in this matter are Industrial Technology Research Institute and ITRI International and the Respondents are LG Electronics, Inc., LG Electronics U.S.A., Inc., LG Display Co., Ltd. and LG Display America, Inc. (collectively, “LG”). 

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ALJ Essex Grants Motion To Terminate Investigation As To Shuttle In Certain Computers and Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
|
Oct
31
On October 26, 2012, ALJ Theodore R. Essex issued Order No. 28 in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (Inv. No. 337-TA-841).

In the Order, ALJ Essex granted a motion filed by Complainant Technology Properties Limited LLC to terminate the investigation as to Respondent Shuttle, Inc. based on a consent order stipulation.

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ALJ Essex Denies Motion For Summary Determination Of Invalidity In Certain Consumer Electronics And Display Devices (337-TA-836)

By Eric Schweibenz
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Nov
02
On October 31, 2012, ALJ Theodore R. Essex issued Order No. 22 denying Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Telecommunications America, LLC’s (collectively, “Samsung”) motion for a summary determination of invalidity of U.S. Patent No. 5,717,881 (the ‘881 patent) in Certain Consumer Electronics and Display Devices and Products Containing Same(Inv. No. 337-TA-836).

According to the Order, Samsung argued that claim 1 of the ‘881 patent is invalid based on indefiniteness under 35 U.S.C. § 112, ¶ 2.  Specifically, Samsung asserted that the second and third means-plus-function claim elements were “facially invalid” because the specification failed to disclose the structure required under 35 U.S.C. § 112, ¶ 6.  Samsung argued that the specification disclosed only “black boxes” and a brief description of their function.  Samsung asserted that the specification completely lacks circuitry and logic elements and, therefore, no testimony or hearing was necessary to make a determination of invalidity.

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ALJ Essex Issues Public Version Of Initial Determination In Certain Devices For Improving Uniformity Used In A Backlight Module (337-TA-805)

By Eric Schweibenz
|
Nov
05
Further to our October 23, 2012 post, on November 1, 2012, ALJ Theodore R. Essex issued the public version (dated October 22, 2012) of the Initial Determination (“ID”) finding no Section 337 violation in Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing Same (337-TA-805).

By way of background, the Complainants in this matter are Industrial Technology Research Institute and ITRI International, Inc. (collectively, “ITRI”) and the Respondents are LG Corporation, LG Electronics, Inc., and LG Electronics U.S.A., Inc. (collectively, “LG”).  ITRI alleged that LG violated Section 337 by the importation and/or sale of LCD televisions and monitors that infringed claims 6, 9 and 10 of U.S. Patent No. 6,883,932.  The subject matter of the ‘932 patent is an apparatus for improving uniformity used in backlight modules using light sources, a reflective housing, and at least one structured arc sheet.

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ALJ Essex Grants Motion To Terminate Investigation As To Micron Technology And Lexar Media In Certain Computers and Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
|
Nov
07
On November 6, 2012, ALJ Theodore R. Essex issued Order No. 28 in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (Inv. No. 337-TA-841).

In the Order, ALJ Essex granted a motion filed by Complainant Technology Properties Limited LLC to terminate the investigation as to Respondents Micron Technology, Inc. and Lexar Media, Inc. based on a settlement agreement. 

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ALJ Essex Grants Motion To Terminate Investigation As To All Respondents In Certain CMOS Image Sensors (337-TA-846)

By Eric Schweibenz
|
Nov
13
On November 8, 2012, ALJ Theodore R. Essex issued Order No. 9 in Certain CMOS Image Sensors and Products Containing the Same (Inv. No. 337-TA-846).

In the Order, ALJ Essex granted a motion filed by Complainant California Institute of Technology (“Caltech”) and Respondents STMicroelectronics NV and STMicroelectronics Inc. (collectively, “STMicro”) to terminate the investigation based on a settlement agreement between Caltech and STMicro.  The Order terminated the investigation as to all respondents, including Nokia Corp., Nokia, Inc., Research in Motion Ltd., and Research in Motion Corp. who filed their own joint motions to terminate the investigation on the basis of the settlement agreement between Caltech and STMicro.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Essex granted the motion and terminated the investigation in its entirety.

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ALJ Essex Sets 12-Month Target Date In Certain Reduced Folate Nutraceutical Products (337-TA-857)

By Eric Schweibenz
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Nov
19
Further to our October 15, 2012 post, on November 15, 2012, ALJ Theodore R. Essex issued Order No. 3 in Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein (Inv. No. 337-TA-857).

In the Order, ALJ Essex set October 18, 2013 as the target date for completing the investigation (which is approximately 12 months after institution of the investigation).  Therefore, any final initial determination is due no later than July 18, 2013.

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ALJ Essex Grants-In-Part Motion For Protective Order Limiting E-Discovery In Certain Electronic Imaging Devices (337-TA-850)

By Eric Schweibenz
|
Nov
26
On November 19, 2012, ALJ Theodore R. Essex issued Order No. 12 granting-in-part Complainant FlashPoint Technology, Inc.’s (“FlashPoint”) motion for a protective order to limit the discovery of electronically stored information in Certain Electronic Imaging Devices (Inv. No. 337-TA-850).

By way of background, the investigation is based on a complaint filed by FlashPoint alleging violation of Section 337 in the importation into the U.S. and sale of certain electronic imaging devices that infringe one or more claims of U.S. Patent Nos. 6,400,471, 6,222,538, 6,504,575, and 6,223,190.  See our May 25, 2012 post for more details.

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ALJ Essex Grants Motion To Terminate Investigation As To Systemax In Certain Computers and Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
|
Nov
28
On November 27, 2012, ALJ Theodore R. Essex issued Order No. 34 in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (Inv. No. 337-TA-841).

In the Order, ALJ Essex granted a joint motion filed by Complainant Technology Properties Limited LLC (“TPL”) and Respondent Systemax Inc. (“Systemax”) to terminate the investigation as to Systemax based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Essex granted the motion filed by TPL and Systemax.

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ALJ Essex Denies Motion To Compel De-Designation Of Expert Reports In Certain Computers And Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
|
Dec
04
On November 21, 2012, ALJ Theodore R. Essex issued Order No. 30 (dated November 20, 2012) in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (Inv. No. 337-TA-841).

According to the Order, on October 19, 2012, Respondents served two “voluminous” expert invalidity reports that were designated in their entirety as Confidential Business Information (“CBI”).  In an October 25, 2012 discovery committee call, Complainant Technology Properties Limited, LLC (“TPL”) asked Respondents to de-designate non-CBI portions of the reports.  Respondents Dell, Inc., Seiko Epson Corporation, Hewlett-Packard Company, Canon, Inc., and HiTi Digital, Inc. promptly responded, informing TPL that the reports did not contain any of their CBI.  Respondents Fujitsu Limited (“Fujitsu”) and Brother Industries, Ltd. (“Brother”) indicated that the reports did contain their CBI but failed to identify particular portions of the report.  As such, on October 29, 2012, TPL filed a motion to compel Respondents to de-designate the reports and requested the opportunity for TPL to file a supplemental responsive report.

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ALJ Essex Sets Target Date In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860)

By Eric Schweibenz
|
Dec
10
On December 6, 2012, ALJ Theodore R. Essex issued Order No. 6 in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same(Inv. No. 337-TA-860).

In the Order, ALJ Essex set February 28, 2014 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation).  The investigation is based on a complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd., and Avago Technologies U.S. Inc. alleging violation of Section 337 in the importation and sale of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,947,456 and 5,596,595.  See our October 30, 2012 post for more details.

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ALJ Essex Grants Joint Motion To Terminate Investigation In Certain Consumer Electronics And Display Devices (337-TA-836)

By Eric Schweibenz
|
Dec
11
On December 11, 2012, ALJ Theodore R. Essex issued Order No. 29 granting Complainant Graphics Properties Holdings, Inc. ("GPH") and Respondent Apple , Inc.'s ("Apple") joint motion to terminate the investigation on the basis of a settlement agreement in Certain Consumer Electronics and Display Devices and Products Containing Same (Inv. No. 337-TA-836).

As required by Commission Rule 210.50(b)(2), ALJ Essex determined that the settlement agreement between GPH and Apple did not impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers.  Accordingly, the ALJ granted the motion and terminated the investigation with respect to Apple.

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ALJ Essex Sets Procedural Schedule In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860)

By Eric Schweibenz
|
Dec
26
Further to our December 10, 2012 post, on December 21, 2012, ALJ Theodore R. Essex issued Order 7 in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same (Inv. No. 337-TA-860).

In the Order, ALJ Essex determined that the evidentiary hearing will commence on July 8, 2013.  The Initial Determination is due on October 30, 2013 and the target date for completing the investigation is February 28, 2014 (approximately 16 months after institution of the investigation).

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ALJ Essex Grants Motion To Terminate Investigation As To Fujitsu Limited In Certain Computers and Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
|
Jan
09
On January 8, 2013, ALJ Theodore R. Essex issued Order No. 44 in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (Inv. No. 337-TA-841).

In the Order, ALJ Essex granted a joint motion filed by Complainant Technology Properties Limited LLC and Respondent Fujitsu Limited (“Fujitsu”) to terminate the investigation as to Fujitsu based on a settlement agreement. 

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ALJ Essex Grants Joint Motion To Terminate Investigation In Certain Consumer Electronics And Display Devices (337-TA-836)

By Eric Schweibenz
|
Jan
30
On January 28, 2013, ALJ Theodore R. Essex issued the public version of Order No. 30 in Certain Consumer Electronics and Display Devices and Products Containing Same (Inv. No. 337-TA-836).

In the Order, ALJ Essex granted a joint motion filed by Complainant Graphics Properties Holdings, Inc. (“GPH”) and Respondents HTC Corp., HTC America, Inc., LG Electronics, Inc., LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc., Research In Motion Ltd., Research In Motion Corp., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America, LLC, Sony Corporation, Sony Corporation of America, Sony Electronics, Inc., Sony Ericsson Mobile Communications AB, and Sony Ericsson Mobile Communications (USA) Inc. to terminate the investigation on the basis of a series of settlement agreements. ALJ Essex agreed with the Commission Investigative Staff in finding that the settlement agreements appeared to resolve the disputes between the parties and that there was no indication that termination would have an adverse impact on the public interest, in accordance with Commission Rule 210.50(b)(2).

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ALJ Essex Grants Joint Motion To Terminate Investigation In Certain Balloon Dissection Devices (337-TA-865)

By Eric Schweibenz
|
Mar
01
On February 12, 2013, ALJ Theodore R. Essex issued Order No. 3 in Certain Balloon Dissection Devices and Products Containing Same(Inv. No. 337-TA-865).

According to the Order, ALJ Bullock granted a joint motion filed by Complainant Covidien LP and Respondents Pajunk Medizintechnologie and Pajunk Medical Systems L.P. to (1) correct the named respondents, (2) stay the procedural schedule, and (3) terminate the investigation on the basis of a Consent Order Stipulation and Consent Order.

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