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ALJ Lord

ALJ Lord Denies Motion To Amend Protective Order In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Oct
07
On September 24, 2013, ALJ Sandra (Dee) Lord issued Order No. 15 denying DeLorme Publishing Company, Inc. and DeLorme InReach, LLC’s (collectively, “DeLorme”) motion to amend the protective order in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854). 

By way of background, the International Trade Commission (the “Commission”) instituted the underlying investigation on September 18, 2012 based on BriarTek IP, Inc.’s (“BriarTek”) complaint of August 17, 2012.  See our September 19, 2012 post for more details.  On March 15, 2013, ALJ Robert K. Rogers granted a motion by DeLorme to terminate the investigation and for entry of a proposed consent order (“the consent order”).  See our March 19, 2013 post for more details.  In the consent order, DeLorme agreed that it would not import or sell two-way global satellite communication devices, systems, or components thereof that infringe U.S. Patent No. 7,991,380 (the ‘380 patent) after April 1, 2013.  On April 10, 2013, BriarTek filed an enforcement complaint alleging that DeLorme violated the consent order.  See our April 11, 2013 post for additional details.
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ALJ Lord Grants Motion To Terminate Investigation In Certain Mobile Handset Devices And Related Touch Keyboard Software (337-TA-864)

By Eric Schweibenz
|
Oct
28
On October 23, 2013, ALJ Dee Lord issued Order No. 22 in Certain Mobile Handset Devices and Related Touch Keyboard Software (Inv. No. 337-TA-864.

According to the Order, Complainants Nuance Communications, Inc., Swype, Inc., and Tegic Communications, Inc. and Respondent Shanghai HanXiang (CooTek) Information Technology Co., Ltd. filed a joint motion to terminate the investigation in its entirety based on a settlement agreement.  ALJ Lord granted the motion, determining 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 Lord Sets 16-Month Target Date In Certain Optical Disc Drives (337-TA-897)

By Eric Schweibenz
|
Oct
29
Further to our October 23, 2013 post, on October 28, 2013, ALJ Dee Lord issued Order No. 3 in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897).

According to the Order, ALJ Lord set the target date for completion of this investigation as February 25, 2015 (which is approximately sixteen months after institution of the investigation).  In addition, ALJ Lord determined that any initial determination will issue no later than October 24, 2014.
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ALJ Lord Sets 16-Month Target Date In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Nov
01
Further to our September 23, 2013 post, on October 30, 2013, ALJ Dee Lord issued Order No. 7 in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

In the Order, ALJ Lord set January 26, 2015 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation).  In addition, ALJ Lord directed the parties to submit proposed procedural schedules by November 5, 2013.  ALJ Lord further noted that the evidentiary hearing in this investigation will commence on July 14, 2014 and the Initial Determination on alleged violation of Section 337 will be issued on September 26, 2014.
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ALJ Lord Sets Procedural Schedule In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Nov
14
Further to our September 23, 2013 and November 1, 2013 posts, on November 12, 2013, ALJ Dee Lord issued Order No. 9 in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

In the Order, ALJ Lord set the procedural schedule for the investigation.  The ALJ determined that the evidentiary hearing will commence on July 14, 2014, any final initial determination will issue no later than September 26, 2014, and the target date for completion of the investigation is January 26, 2015 (which is approximately sixteen months after institution of the investigation).
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ALJ Lord Sets Procedural Schedule In Certain Optical Disc Drives (337-TA-897)

By Eric Schweibenz
|
Nov
15
Further to our October 23, 2013 and October 29, 2013 posts, on November 13, 2013, ALJ Dee Lord issued Order No. 7 in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897).

In the Order, ALJ Lord set the procedural schedule for the investigation.  The ALJ determined that the evidentiary hearing will commence on August 4, 2014, any final initial determination will issue no later than October 24, 2014, and the target date for completion of the investigation is February 25, 2015 (which is approximately sixteen months after institution of the investigation).
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ALJ Lord Sets 16-Month Target Date In Certain Navigation Products (337-TA-900)

By Eric Schweibenz
|
Nov
21
Further to our November 12, 2013 and November 14, 2013 posts, on November 20, 2013, ALJ Dee Lord issued Order No. 3 in Certain Navigation Products, Including GPS Devices, Navigation and Display Systems, Radar Systems, Navigational Aids, Mapping Systems and Related Software (Inv. No. 337-TA-900).

In the Order, ALJ Lord set March 16, 2015 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation).  In addition, ALJ Lord noted that the Initial Determination on alleged violation of Section 337 will be issued on November 14, 2014.
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ALJ Lord Denies Motion To Terminate Investigation In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Nov
22
On November 19, 2013, ALJ Dee Lord issued Order No. 11 denying Complainants A&J Manufacturing, LLC and A&J Manufacturing, Inc.’s (collectively, “A&J”) motion to terminate the investigation in part with respect to Respondent Guangdong Canbo Electrical Co., Ltd. (“Canbo”) based on a consent order in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

By way of background, this investigation is based on a complaint filed by A&J alleging violation of Section 337 by over 20 proposed respondents in the importation and sale of certain multiple mode outdoor grills and parts thereof that infringe one or more claims of U.S. Patent Nos. 8,381,712, D660,646, and D662,773.  See our August 22, 2013 and September 23, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Lord Grants Motion To Amend Infringement Contentions In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Nov
27
On November 25, 2013, ALJ Dee Lord issued the public version of Order No. 21 (dated November 4, 2013) in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854).

By way of background, ALJ Lord issued Order No. 17 denying Complainant BriarTek IP, Inc.’s (“BriarTek”) Motion for Leave to Amend Infringement Contentions because of concerns raised by Respondents DeLorme Publishing Company, Inc. and DeLorme InReach LLC (“DeLorme”) that the motion violated the protective order in the co-pending district court litigation.  Order No. 17 stated that BriarTek was free to re-file its motion after obtaining leave from the district court to use confidential material produced in the district court proceeding.
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ALJ Lord Grants Motion For Summary Determination Of Non-Infringement In Certain Mobile Handset Devices And Related Touch Keyboard Software (337-TA-864)

By Eric Schweibenz
|
Dec
04
On December 3, 2013, ALJ Dee Lord issued the public version of Order No. 21(dated September 24, 2013) in Certain Mobile Handset Devices and Related Touch Keyboard Software (Inv. No. 337-TA-864).

According to the Order, Respondent Shanghai HanXiang (CooTek) Information Technology Co., Ltd. (“CooTek”) filed a motion for summary determination that CooTek’s Series 5.5 and 5.6  products do not infringe the asserted claims of U.S. Patent Nos. 7,750,891 (the ‘891 patent), 7,098,896 (the ‘896 patent), and 7,453,439 (the ‘439 patent).  CooTek averred that Complainants Nuance Communications, Inc., Swype, Inc., and Tegic Communications, Inc.’s (“Nuance”) expert on the ‘891, ‘896, and ‘439 patents did not analyze the Series 5.5 and 5.6 products.  CooTek asserted that its technical expert opined that the Series 5.5 and 5.6 products do not infringe the ‘891, ‘896, and ‘439 patents.  Accordingly, CooTek argued that summary determination is appropriate because CooTek’s expert opinion that the Series 5.5 and 5.6 products do not infringe the ‘891, ‘896, and ‘439 patents is unrebutted.  In opposition, Nuance argued that if summary determination is granted, it should be limited to the specific versions of the Series 5.5 and 5.6 products at issue in the investigation.  The Commission Investigative Staff supported CooTek’s Motion for Summary Determination.
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ALJ Lord Sets Procedural Schedule In Certain Navigation Products (337-TA-900)

By Eric Schweibenz
|
Dec
14
Further to our November 12 and November 21, 2013 posts, on December 6, 2013 ALJ Dee Lord issued Order No. 7 setting the procedural schedule in Certain Navigation Products, Including GPS Devices, Navigation and Display Systems, Radar Systems, Navigational Aids, Mapping Systems and Related Software (Inv. No. 337-TA-900).

According to the Order, ALJ Lord determined that a Markman hearing will commence on March 6, 2014; the evidentiary hearing will commence on August 25, 2014; and any final initial determination will issue no later than November 14, 2014.  The target date for completion of the investigation is March 16, 2015 (which is approximately sixteen months after institution of the investigation).
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ALJ Lord Rules On Motions In Certain Integrated Circuit Chips (337-TA-859)

By Eric Schweibenz
|
Jan
03
On December 26, 2013, ALJ Dee Lord issued public versions of Order Nos. 32 (dated November 14, 2013) and 34 (dated December 6, 2013) in Certain Integrated Circuit Chips and Products Containing the Same (Inv. No. 337-TA-859).

According to Order No. 32, Respondents LSI Corporation and Seagate Technology (collectively, “Respondents”) filed a motion to strike certain opinions of Dr. Martin G. Walker regarding infringement and the technical prong of the domestic industry requirement for U.S. Patent No. 6,787,928 (the ‘928 patent).  Respondents argued that several of Dr. Walker’s assertions were not disclosed in Realtek Semiconductor Corporation’s (“Realtek”) responses to contention interrogatories.  Furthermore, Respondents asserted that Dr. Walker’s opinions should be stricken for failing to comply with Ground Rule 6 because they were conclusory and inadequately disclosed in his expert report.
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ALJ Lord Denies Motion To Terminate Investigation As To Mindset Television In Certain TV Programs, Literary Works For TV Production And Episode Guides (337-TA-886)

By Eric Schweibenz
|
Jan
06
On January 2, 2014, ALJ Dee Lord issued Order No. 16 in Certain TV Programs, Literary Works For TV Production And Episode Guides Pertaining to Same (Inv. No. 337-TA-886).

By way of background, this investigation is based on a complaint filed by E.T. Radcliffe, LLC of Dallas, Texas and Emir Tiar of Coto De Caza, California alleging violation of Section 337 in the importation into the U.S. and sale of certain TV programs, literary works for TV production and episode guides pertaining to same that infringe copyrights asserted by the Complainants. The complaint also alleges violations of Section 337 in the importation into the U.S., sale for importation, and sale after importation of certain TV programs, literary works for TV production and episode guides pertaining to same, by reason of unfair methods of competition and unfair acts, the threat or effect of which is to destroy or substantially injure an industry in the United States.  See our June 10, 2013 post for more details on the complaint and our July 12, 2013 post for more details on the notice of investigation.
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ALJ Lord Denies Joint Motion to Terminate Investigation As To HEB Grocery Company In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Jan
07
On December 17, 2013, ALJ Dee Lord issued Order No. 15 in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

According to the Order, Complainants A&J Manufacturing, LLC and A&J Manufacturing, Inc. (collectively, “A&J”) and Respondent HEB Grocery Company, LP, d/b/a/ H-E-B (“HEB”) filed a joint motion to terminate the investigation as to HEB based on a settlement agreement and entry of a consent order.  Additionally, the Parties requested a stay of the investigation as to HEB.
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ALJ Lord Grants Motion For Summary Determination Of No Copyright Infringement In Certain TV Programs (337-TA-886)

By Eric Schweibenz
|
Mar
04
On February 20, 2014, ALJ Dee Lord issued the public version of Order No. 18 (dated February 6, 2014) granting Thunderbird Films, Inc., Mindset Television, Inc., and The Walt Disney Company’s (collectively, “Respondents’”) motion for summary determination of no copyright infringement.  The Order simultaneously denied Complainants’ motion to strike evidence related to the motion for summary determination in Certain TV Programs, Literary Works For TV Production and Episode Guides (Inv. No. 337-TA-886).

By way of background, the investigation is based on a complaint filed by E.T. Radcliffe, LLC and Emir Tiar (collectively, “Complainants”) alleging violation of Section 337 in the importation into the U.S. and sale of certain TV programs, literary works for TV production and related episode guides that infringe Complainants’ copyrighted works. The Complainants’ works relate to a television show called Student Teacher, in which a boy teaches students of his own age group.  The Complaint also alleges violations of Section 337 in the importation into the U.S., sale for importation, and sale after importation of certain TV programs, literary works for TV production and related episode guides by reason of unfair methods of competition and unfair acts, the threat or effect of which is to destroy or substantially injure an industry in the United States.  See our June 10, 2013 and July 12, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Terminates Investigation In Certain Portable Electronic Communications Devices, Including Mobile Phones (337-TA-885)

By Eric Schweibenz
|
Mar
04
On February 25, 2014, ALJ Dee Lord issued Order No. 23 in Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof (Inv. No. 337-TA-885).

By way of background, this investigation is based on a May 23, 2013 complaint filed by Nokia Corporation and Nokia Inc. (collectively, “Nokia”) alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic communications devices, including mobile phones and components thereof that infringe one more claims of U.S. Patent Nos. 6,035,189; 6,373,345; 6,711,211; 7,187,945; 8,140,650; and 8,363,824.  The Respondents in this investigation are HTC Corporation, HTC America, Inc. (collectively, “HTC”) and Google, Inc.  See our June 24, 2013 and July 19, 2013 posts for more details on this investigation.
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ALJ Lord Issues Notice Of Enforcement Initial Determination In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Mar
14
On March 7, 2014, ALJ Dee Lord issued a notice regarding the Enforcement Initial Determination (“EID”) in Certain Two-Way Global Satellite Communication Devices, System, and Components Thereof (Inv. No. 337-TA-854).

By way of background, the Commission instituted the underlying investigation on September 18, 2012 based on BriarTek IP, Inc.’s (“BriarTek”) complaint of August 17, 2012.  See our September 19, 2012 post for more details.  On March 15, 2013, former ALJ Robert K. Rogers, Jr. granted a motion by DeLorme Publishing Co., Inc. and DeLorme InReach, LLC’s (collectively, “DeLorme”) to terminate the investigation and for entry of a proposed consent order (“the consent order”).  See our March 19, 2013 post for more details.  In the consent order, DeLorme agreed that it would not import or sell two-way global satellite communication devices, systems, or components thereof that infringe BriarTek’s U.S. Patent No. 7,991,380 after April 1, 2013.  On April 10, 2013, BriarTek filed an enforcement complaint alleging that DeLorme violated the consent order.  See our April 11, 2013 post for more details.
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ALJ Lord Issues Public Version Of Enforcement Initial Determination In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Mar
24
Further to our March 14, 2014 post, on March 19, 2014, ALJ Dee Lord issued the public version of the Enforcement Initial Determination (“EID”) (dated March 7, 2014) in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854).

By way of background, the Commission instituted the underlying investigation on September 18, 2012 based on BriarTek IP, Inc.’s (“BriarTek”) complaint of August 17, 2012.  See our September 19, 2012 post for more details.  On March 15, 2013, former ALJ Robert K. Rogers, Jr. granted a motion by DeLorme Publishing Co., Inc. and DeLorme InReach, LLC (collectively, “DeLorme”) to terminate the investigation and for entry of a proposed consent order (“the consent order”).  See our March 19, 2013 post for more details.  In the consent order, DeLorme agreed that it would not import or sell two-way global satellite communication devices, systems, or components thereof that infringe BriarTek’s U.S. Patent No. 7,991,380 (the ‘380 patent) after April 1, 2013.  On April 10, 2013, BriarTek filed an enforcement complaint alleging that DeLorme violated the consent order.  See our April 11, 2013 post for more details.
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ALJ Lord Issues Notice Of Initial Determination In Certain Integrated Circuit Chips (337-TA-859)

By Eric Schweibenz
|
Mar
24
On March 21, 2014, ALJ Dee Lord issued a notice regarding the Initial Determination (“ID”) in Certain Integrated Circuit Chips and Products Containing the Same (Inv. No. 337-TA-859).

By way of background, the investigation is based on a complaint filed by Realtek Semiconductor Corp. (“Realtek”) alleging violation of Section 337 in the importation into the U.S. and sale of certain integrated circuit chips and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,787,928 (the ‘928 patent) and 6,963,226 (the ‘226 patent).  See our September 20, 2012 and October 22, 2012 posts for more details on Realtek’s complaint and the Notice of Investigation, respectively.  On January 30, 2013, former ALJ Robert K. Rogers, Jr. partially terminated the investigation with respect to the ‘226 patent.  See our February 1, 2013 post for more details.
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ALJ Lord Rules On Discovery Motions In Certain Optical Disc Drives (337-TA-897)

By Eric Schweibenz
|
Mar
26
On March 21, 2014, ALJ Dee Lord issued Order No. 40 in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897).  In the Order, ALJ Lord ruled on six discovery motions that had been discussed during a telephone conference on March 20, 2014.

In particular, ALJ Lord:

  • denied Respondents MediaTek, Inc., MediaTek USA, Inc., Panasonic Corp., Panasonic Corp. of North America, Nintendo Co., Ltd., Nintendo of America, Inc., Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., LG Electronics, Inc., LG Electronics, U.S.A., Inc., Lenovo Group Ltd., Lenovo (United States) Inc., Toshiba Corp., and Toshiba America Information Systems Inc.’s (collectively, “Respondents”) motion to compel a supplemental interrogatory response;

  • denied LG Electronics, Inc. and LG Electronics, U.S.A., Inc.’s motion for an extension of time to respond to Complainant Optical Devices, LLC’s (“Optical Devices”) requests for admission;

  • granted Respondents’ request for expedited briefing on its motion to compel additional deposition time with a Ryan Fry;

  • granted Respondents’ motion to compel Optical Devices to provide corporate deponents and deposition designations;

  • denied Optical Devices’ cross-motion for a protective order as moot; and

  • denied Optical Devices’ motion for leave to file a reply to Respondents’ opposition to Optical Devices’ cross-motion for a protective order as moot.


In addition, ALJ Lord ordered the parties to serve privilege logs for any objections based on attorney-client privilege, attorney work product, or common interest privilege made during the deposition of Ryan Fry and any future depositions within one business day of receiving the transcript of the deposition.
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The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important ITC issues. These postings are in no way representative of the opinions of the Oblon firm, or its clients, but rather the personal views of the individual authors.