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ALJ Luckern

ALJ Luckern Grants Motion For Summary Determination On Domestic Industry Economic Prong Requirement In Certain Integrated Circuits (337-TA-709)

By Eric Schweibenz
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Apr
21
On April 20, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 33 (dated January 5, 2011) in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras (Inv. No. 337-TA-709).  In the order, ALJ Luckern granted Complainant Freescale Semiconductor Inc.’s (“Freescale”) motion for summary determination that it satisfied the domestic industry requirement of Section 337 because of licensing activities in the United States for each of the patents-in-suit.

The Commission Investigative Staff supported the motion.  Respondents Panasonic Corporation, Funai Electric Co., Ltd., Funai Corporation, Inc., Victor Company of Japan Limited, JVC Americas Corp., Best Buy Purchasing, LLC, BestBuy.Com, LLC, and Best Buy Stores, L.P., B&H Foto & Electronics Corp., Huppin’s Hi-Fi Photo & Video, Inc., Buy.com Inc., QVC, Inc., Crutchfield Corporation, Computer Nerds International, Inc., and Wal-Mart Stores, Inc. (collectively, the “Respondents”) opposed the motion, arguing that Freescale failed to provide adequate evidentiary support that the activities forming the basis for its purported investments actually relate to licensing.  Specifically, the Respondents argued (1) that Freescale’s investments included payroll expenses for “persons attenuated from the actual licensing of the patents-in-suit” and non-payroll expenses for office supplies and “other mundane things,” (2) that Freescale provided no job descriptions or other indication that the individuals in question were actually engaged in licensing activities, and (3) that Freescale did not identify the expenses for the licenses relied on to establish domestic industry.
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ALJ Luckern Denies Motion For Sanctions In Certain Components For Installation Of Marine Autopilots With GPS Or IMU (337-TA-738)

By Eric Schweibenz
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Apr
26
On April 22, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 14 (dated April 5, 2011) denying Complainant AGNC Corporation’s (“AGNC”) motion for sanctions in Certain Components For Installation Of Marine Autopilots With GPS Or IMU (Inv. No. 337-TA-738).

By way of background, ALJ Luckern had granted AGNC’s motion to compel Respondents Navico Holding AS, Navico UK, Ltd. and Navico Inc. (collectively, “Navico”) to provide responses to certain interrogatories and to produce files relating to and including source code for the accused autopilot products in Order No. 12 (see our March 7, 2011 post for more details).
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ALJ Luckern Sets Target Date In Certain Vaginal Ring Birth Control Devices (337-TA-768)

By Eric Schweibenz
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May
02
Further to our March 25, 2011 post, on April 29, 2011, Chief ALJ Paul J. Luckern issued Order No. 4 in Certain Vaginal Ring Birth Control Devices (Inv. No. 337-TA-768).

According to the Order, ALJ Luckern set May 29, 2012 as the target date (which is 14 months after institution of the investigation).  ALJ Luckern further determined that any final initial determination on violation should be filed no later than January 30, 2012 and the evidentiary hearing will commence on October 3, 2011.
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ALJ Luckern Issues Initial Determination In Certain Electronic Devices With Multi-Touch Enabled Touchpads And Touchscreens (337-TA-714)

By Eric Schweibenz
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May
02
On April 29, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (Inv. No. 337-TA-714).

By way of background, the Complainant in this investigation is Elan Microelectronics Corporation (“Elan”) and the Respondent is Apple Inc (“Apple”).
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ALJ Luckern Grants Summary Determination On Economic Prong Of Domestic Industry Requirement In Certain Biometric Scanning Devices (337-TA-720)

By Eric Schweibenz
|
May
04
On May 3, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 24 (dated February 16, 2011) finding that Complainant Cross Match Technologies, Inc. (“Cross Match”) satisfied the economic prong of the domestic industry requirement in Certain Biometric Scanning Devices,Components Thereof, Associated Software, and Products Containing the Same (Inv. No. 337-TA-720).

According to the Order, Cross Match moved for summary determination that it satisfied the economic prong on the grounds that its ID500 device practices U.S. Patent No. 5,900,933, and that its Guardian and SEEK devices separately practice U.S. Patent Nos. 7,203,344 and 7,277,562.  Respondents Supreme, Inc. and Mentalix, Inc. (collectively, “Respondents”) opposed the motion, arguing that because the Guardian and SEEK are hardware devices they cannot establish a domestic industry with respect to Cross Match’s software-related patents.  Respondents also argued that the declaration and testimony of Cross Match’s witness were not credible because the witness allegedly did not know the answers to multiple questions and lacked personal knowledge of the facts in his declaration, which also contained a “false statement.”  The Commission Investigative Staff supported the motion.
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ALJ Luckern Issues Public Version of Claim Construction Order In Certain Electronic Devices With Multi-Touch Enabled Touchpads And Touchscreens (337-TA-714)

By Eric Schweibenz
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May
05
On May 2, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 17 (dated November 9, 2010) in Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (Inv. No. 337-TA-714).  In the Order, ALJ Luckern construed various claim terms in the asserted claims of U.S. Patent No. 5,825,352 (the ‘352 patent).

By way of background, the Complainant in this investigation is Elan Microelectronics Corporation of Taiwan (“Elan”) and the Respondent is Apple Inc. (“Apple”).  The investigation was instituted on April 23, 2010, based on Elan’s complaint filed on March 29, 2010.  See our April 26, 2010 post for more details.  ALJ Luckern conducted a Markman hearing on August 18 and 19, 2010 with all parties participating, followed by claim construction submissions and replies.
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ALJ Luckern Issues Public Versions Of Various Orders In Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (337-TA-714)

By Eric Schweibenz
|
May
06
On May 2, 2011, Chief ALJ Paul J. Luckern issued public versions of Orders Nos. 10, 25, 28, and 30 in Certain Electronic Devices With Multi-Touch Enabled Touchpads and Touchscreens (Inv. No. 337-TA-714).

In Order No. 10 (dated June 23, 2010), ALJ Luckern ruled that the stipulation filed by Respondent Apple Inc.’s (“Apple”) on June 15, 2010 would be in effect for the investigation.  According to the Order, this stipulation indicated that at least one unit of the iPhone 3G, iPhone 3GS, iPad, iPod Touch, MacBook, MacBook Air, MacBook Pro, Magic Mouse, and iPhone 4 products (collectively, “the accused products”) had been imported or sold after importation into the U.S. by Apple, or will be imported or sold after importation by Apple as of the time of the evidentiary hearing in the investigation.
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ALJ Luckern Denies Motion to Reconsider Order Striking Expert Testimony in Certain Biometric Scanning Devices (337-TA-720)

By Eric Schweibenz
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May
06
On May 3, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 30 (dated March 18, 2011) in Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same (Investigation No. 337-TA-720).  In the Order, ALJ Luckern denied Complainant Cross Match Technologies, Inc.’s (“Cross Match”) motion to reconsider granting Respondents Suprema, Inc. and Mentalix, Inc.’s (“Respondents”) oral motion to strike certain testimony of Cross Match’s expert Dr. Roger McWilliams at an evidentiary hearing held on March 8, 2011.

According to the Order, Respondents and the Commission Investigative Staff opposed Cross Match’s motion on the grounds that certain testimony of Dr. McWilliams regarding the alleged infringement of a RealScan-F device should be stricken because such testimony was not previously disclosed in expert reports or deposition testimony.
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ALJ Luckern Rules On Motion To Compel In Certain Wireless Communication Devices, Portable Music And Data Processing Devices (337-TA-745)

By Eric Schweibenz
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May
09
On May 3, 2011, Chief ALJ Paul J. Luckern issued the public version of Order No. 11 (dated April 19, 2011) in Certain Wireless Communication Devices, Portable Music And Data Processing Devices, Computers and Components Thereof (Inv. No. 337-TA-745).

According to the Order, ALJ Luckern denied Complainants Motorola, Inc. and Motorola Mobility, Inc.’s (collectively, “Motorola”) motion to compel Respondent Apple Inc. (“Apple”) to respond to certain discovery requests “by producing or making available for inspection the source code for the software loaded on the Accused Products when such products are sold by Apple after their importation into the United States.”  Motorola also alleged in its motion that Apple “intentionally delayed production of relevant source code.”  The Commission Investigative Staff supported the motion.
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ALJ Luckern Sets Procedural Schedule In Certain Vaginal Ring Birth Control Devices (337-TA-768)

By Eric Schweibenz
|
May
11
Further to our March 25, 2011 and May 2, 2011 posts, on May 9, 2011, Chief ALJ Paul J. Luckern issued Order No. 6 in Certain Vaginal Ring Birth Control Devices (Inv. No. 337-TA-768).

In the Order, ALJ Luckern set the procedural schedule for the investigation and included provisions for the early exchange of claim construction terms and proposed constructions.  Also, according to the Order, the evidentiary hearing in this matter will commence on October 3, 2011.
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ALJ Luckern Issues Public Version Of Initial Determination In Certain Integrated Circuits (337-TA-709)

By Eric Schweibenz
|
May
20
Further to our April 6, 2011 post, on May 12, 2011, Chief ALJ Paul J. Luckern issued the public version of the Initial Determination (“ID”) (dated April 4, 2011) in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras (Inv. No. 337-TA-709).

By way of background, the Commission instituted this investigation on March 29, 2010.  The Complainant is Freescale Semiconductor, Inc. (“Freescale”) and the Respondents remaining in the investigation are Funai Electric Co., Ltd. and Funai Corporation, Inc. (collectively, “Funai”), Wal-Mart Stores, Inc., Best Buy Purchasing, LLC, BestBuy.Com, LLC, and Best Buy Stores, L.P (all Respondents collectively, the “Respondents”).  Only claims 9 and 10 of U.S. Patent No. 5,467,455 (the ‘455 patent) remain at issue.  See our April 5, 2011 post for more details.
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ALJ Luckern Grants Non-Party Motion To Quash In Certain Wireless Communication Devices, Portable Music And Data Processing Devices (337-TA-745)

By Eric Schweibenz
|
May
20
On May 18, 2011, Chief ALJ Paul J. Luckern issued Order No. 13 in Certain Wireless Communication Devices, Portable Music And Data Processing Devices, Computers and Components Thereof (Inv. No. 337-TA-745).

According to the Order, ALJ Luckern granted non-party Siemens Corporation’s (“Siemens Corp.”) motion to quash a subpoena duces tecum and ad testificandum issued by ALJ Luckern at the request of Respondent Apple Inc. (“Apple”).
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ALJ Luckern Grants-In-Part Motion To Compel In Certain Vaginal Ring Birth Control Devices (337-TA-768)

By Eric Schweibenz
|
May
24
On May 23, 2011, Chief ALJ Paul J. Luckern issued Order No. 9 in Certain Vaginal Ring Birth Control Devices (Inv. No. 337-TA-768).

According to the Order, Complainant Femina Pharma Incorporated (“Femina”) moved to compel Respondents Merck & Co., Inc., Schering Plough Corporation, Organon Inc., and N.V. Organon (collectively, “Merck”) to respond to interrogatories relating to statements on the manufacture and operation of the NuvaRing® product as well as the state of the art.  ALJ Luckern denied the motion as to four interrogatories on the grounds that they sought information about a Merck patent not at issue in the investigation, noting that opinions on a patent’s validity are typically considered privileged unless waived in any event.  With respect to an interrogatory requesting information as to why the Merck patent is listed in the Orange Book as pertaining to the NuvaRing® product, the ALJ granted the motion to the extent that Merck has not produced all non-privileged information.  The ALJ also granted the motion as to an interrogatory requesting information about Merck’s first knowledge of a prior art reference on which it has relied.
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ALJ Luckern Issues Initial Determination In Certain Biometric Scanning Devices (337-TA-720)

By Eric Schweibenz
|
Jun
21
On June 17, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Final Initial and Recommended Determinations on Remedy and Bond (“ID”) in Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same (Inv. No. 337-TA-720).

By way of background, this investigation is based on a May 11, 2010 complaint filed by Cross Match Technologies, Inc. of Palm Beach Gardens, Florida alleging violation of Section 337 by Suprema, Inc. of South Korea and Mentalix, Inc. of Plano, Texas through their infringement of U.S. Patent Nos. 5,900,993 (the ‘993 patent), 6,483,932, 7,203,344 (the ‘344 patent), and 7,277,562 (the ‘562).  See our June 14, 2010 post for more details.
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ALJ Luckern Grants Motion to Terminate Investigation As To LG Electronics Respondents In Certain Electronic Imaging Devices (337-TA-726)

By Eric Schweibenz
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Jul
06
On July 1, 2011, Chief ALJ Paul J. Luckern issued Order No. 39 in Certain Electronic Imaging Devices (Inv. No. 337-TA-726).  In the Order, ALJ Luckern granted a joint motion filed by Complainant Flashpoint Technology, Inc. (“Flashpoint”) and Respondents LG Electronics, Inc., LG Electronics, U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc. (collectively, the “LG Respondents”) to terminate the investigation as to the LG Respondents based on a patent license agreement and a settlement agreement.

After reviewing the confidential and non-confidential versions of the agreements, ALJ Luckern granted the joint motion filed by Flashpoint and the LG Respondents.
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ALJ Luckern Sets Target Date In Certain Electronic Devices Having A Digital Television Receiver (337-TA-774)

By Eric Schweibenz
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Jul
11
Further to our June 1, 2011 post, on July 8, 2011, Chief ALJ Paul J. Luckern issued Order No. 3 in Certain Electronic Devices Having A Digital Television Receiver and Components Thereof (Inv. No. 337-TA-774).

According to the Order, ALJ Luckern set August 6, 2012 as the target date (which is 14 months after institution of the investigation).  ALJ Luckern further determined that any final initial determination on violation should be filed no later than April 6, 2012 and the evidentiary hearing will commence on January 9, 2012.
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ALJ Luckern Issues Public Version Of Initial Determination In Certain Electronic Devices With Multi-Touch Enabled Touchpads And Touchscreens (337-TA-714)

By Eric Schweibenz
|
Jul
15
Further to our May 2, 2011 post, on July 6, 2011, ALJ Luckern issued the public version of his Final Initial Determination (dated April 29, 2011) (“ID”) in Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (Inv. No. 337-TA-714).

By way of background, the Complainant in this investigation is Elan Microelectronics Corporation (“Elan”) and the Respondent is Apple Inc. (“Apple”).   Elan asserted that Apple violated Section 337 by importing into the U.S., selling for importation, or selling within the U.S. after importation certain electronic devices with multi-touch enabled touchpads and touchscreens that infringe U.S. Patent No. 5,825,352 (the ‘352 patent).
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ALJ Luckern Sets Procedural Schedule In Certain Electronic Devices Having A Digital Television Receiver (337-TA-774)

By Eric Schweibenz
|
Jul
19
On July 18, 2011, Chief ALJ Paul J. Luckern issued Order No. 4 in Certain Electronic Devices Having A Digital Television Receiver and Components Thereof (Inv. No. 337-TA-774). 

In the Order, ALJ Luckern set the procedural schedule for the investigation.  According to the Order, the evidentiary hearing in this matter will commence on January 9, 2012, the Initial Determination is due no later than April 6, 2012, and the target date for completion of this investigation is August 6, 2012.
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ALJ Luckern Grants Motions To Terminate Investigation As To Certain Respondents In Certain Components For Installation Of Marine Autopilots With GPS Or IMU (337-TA-738)

By Eric Schweibenz
|
Jul
26
On July 18, 2011, Chief ALJ Paul J. Luckern issued the public versions of Order No. 18 (dated July 18, 2011) and Order No. 19 (dated July 18, 2011) in Certain Components For Installation Of Marine Autopilots With GPS Or IMU (Inv. No. 337-TA-738).

In Order No. 18, ALJ Luckern granted a joint motion filed by Complainant American GNC Corp. (“AGNC”) and Respondents Furuno Electric Co., Ltd. (“Furuno”) to terminate the investigation based on settlement agreements between the parties. After reviewing the confidential and non-confidential versions of the agreements, ALJ Luckern granted the joint motion filed by AGNC and Furuno.
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ALJ Luckern Sets Target Date In Certain Flip-Top Vials (337-TA-779)

By Eric Schweibenz
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Jul
26
Further to our June 20, 2011 post, on July 21, 2011, Chief ALJ Paul J. Luckern issued Order No. 5 in Certain Flip-Top Vials and Products Using Same (Inv. No. 337-TA-779).

In the Order, ALJ Luckern set September 24, 2012 as the target date for completion of the investigation (which is 15 months after institution of the investigation).  Also, any final initial determination is due no later than “mid-May 2012,” and the evidentiary hearing will commence in “mid February 2012.”
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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.