ALJ Rogers

ALJ Rogers Denies Motion to Compel in Certain Digital Imaging Devices And Related Software (337-TA-717)

By Eric Schweibenz
|
Nov
04
On October 28, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 11 in Certain Digital Imaging Devices and Related Software (Inv. No. 337-TA-717).  In the Order, ALJ Rogers denied Complainant Apple, Inc.’s (“Apple”) motion to compel documents and testimony relating to the source code for Respondent Eastman Kodak Company’s (“Kodak”) accused devices.

According to the Order, Apple argued that Kodak should produce certain source code since agreements between Kodak and its suppliers demonstrated that Kodak had the ability to demand the source code from those suppliers.

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ALJ Rogers Sets Target Date In Certain Video Game Systems And Controllers (337-TA-743)

By Eric Schweibenz
|
Nov
11
Further to our November 3, 2010 post, on November 9, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 4: Setting Target Date in Certain Video Game Systems And Controllers (Inv. No. 337-TA-743).

According to the Order, ALJ Rogers set March 5, 2012 as the target date (which is 16 months after institution of the investigation).  ALJ Rogers further indicated that the initial determination on alleged violation shall be due on November 4, 2011.

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ALJ Rogers Grants Motions To Terminate Investigation As To Certain Respondents In Certain Inkjet Ink Cartridges With Printheads (337-TA-723)

By Eric Schweibenz
|
Nov
12
On November 10, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 17 and Order No. 18 in Certain Inkjet Ink Cartridges With Printheads and Components Thereof (Inv. No. 337-TA-723).

In Order No. 17, ALJ Rogers granted a motion filed by Complainants Hewlett-Packard Company and Hewlett-Packard Development Company, L.P. (collectively, “HP”) to terminate the investigation as to Respondent SinoTime Technologies, Inc. d/b/a All Colors on the basis of a settlement agreement.

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ALJ Rogers Grants Motion To Terminate Investigation As To Samsung Electronics Co., Ltd. In Certain Semiconductor Products (337-TA-729)

By Eric Schweibenz
|
Nov
16
On November 15, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 10 in Certain Semiconductor Products Made By Advanced Lithography Techniques And Products Containing Same (Inv. No. 337-TA-729).

In the Order, ALJ Rogers granted a joint motion filed by Complainant STC.UNM and Respondent Samsung Electronics Co., Ltd. to terminate the investigation based on a settlement agreement.

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ALJ Rogers Sets Procedural Schedule In Certain Liquid Crystal Display Devices (337-TA-741)

By Eric Schweibenz
|
Nov
22
On November 18, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 6: Setting Procedural Schedule in Certain Liquid Crystal Display Devices, Including Monitors, Televisions, And Modules, and Components Thereof (Inv. No. 337-TA-741).

By way of background, the Complainants in this investigation are:  Thomson Licensing SAS and Thomson Licensing LLC.  The Respondents in this investigation are:  Chimei Innolux Corporation, Innolux Corporation, Chi Mei Optoelectronics USA, Inc., MStar Semiconductor, Inc., Qisda Corporation, Qisda American Corporation, Qisda (Suzhou) Co., Ltd., BenQ Corporation, BenQ America Corp., BenQ Latin America, and Realtek Semiconductor Corporation.

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ALJ Rogers Issues Initial Determination In Certain Silicon Microphone Packages (337-TA-695)

By Eric Schweibenz
|
Nov
22
On November 22, 2010, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination (“ID”) in Certain Silicon Microphone Packages and Products Containing the Same (337-TA-695).

The Complainant in this investigation is Knowles Electronics, LLC and the Respondent is Analog Devices, Inc.

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ALJ Rogers Sets Procedural Schedule In Certain Video Game Systems And Controllers (337-TA-743)

By Eric Schweibenz
|
Nov
29
On November 24, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 6: Setting Procedural Schedule in Certain Video Game Systems And Controllers (Inv. No. 337-TA-743).

By way of background, the Complainant in this investigation is Motiva, LLC of Dublin, Ohio.  The Respondents in this investigation are Nintendo Co., Ltd. of Japan and Nintendo of America, Inc. of Redmond, Washington.

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ALJ Rogers Sets Target Date In Certain LCD Devices (337-TA-749)

By Eric Schweibenz
|
Dec
09
Further to our November 24, 2010 post, on December 6, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 4: Setting Target Date in Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof (Inv. No. 337-TA-749).

According to the Order, ALJ Rogers set March 29, 2012 as the target date (which is 16 months after institution of the investigation).  ALJ Rogers further indicated that the initial determination on alleged violation shall be due on November 29, 2011.

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ALJ Rogers Grants Motion To Terminate Investigation As To Taiwan Semiconductor Mfg. Co., Ltd. In Certain Semiconductor Products (337-TA-729)

By Eric Schweibenz
|
Dec
09
On December 6, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 11 in Certain Semiconductor Products Made By Advanced Lithography Techniques And Products Containing Same (Inv. No. 337-TA-729).

In the Order, ALJ Rogers granted a joint motion filed by Complainant STC.UNM and Respondent Taiwan Semiconductor Manufacturing Company, Ltd. to terminate the investigation based on a settlement agreement.

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ALJ Rogers Grants Motion To Compel In Certain Inkjet Ink Cartridges With Printheads (337-TA-723)

By Eric Schweibenz
|
Dec
09
On December 6, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 22 in Certain Inkjet Ink Cartridges With Printheads and Components Thereof (Inv. No. 337-TA-723).

In the Order, ALJ Rogers granted a motion filed by Complainants Hewlett-Packard Company and Hewlett-Packard Development Company, L.P. (“HP”) to compel Respondent PTC Holdings Limited (“PTC”) to cooperate in discovery and provide appropriate responses to HP’s discovery requests.  No party responded to the motion.  ALJ Rogers therefore presumed that, as stated in HP’s motion, (1) PTC did not respond to any of HP’s interrogatories or document requests within the deadlines set in the Commission Rules and in the Ground Rules for this investigation, (2) HP repeatedly urged PTC to comply with its discovery obligations after the deadlines passed, (3) the interrogatory responses PTC finally served on HP six weeks after they were due contained numerous unsupported objections and incomplete answers, (4) PTC did not respond at all to HP’s document requests or deposition notice, and (5) PTC stopped responding to HP’s invitations to meet and confer on these issues.

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ALJ Rogers Consolidates Investigation Nos. 337-TA-741 And 337-TA-749

By Eric Schweibenz
|
Dec
21
On December 16, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 7 in Certain Liquid Crystal Display Devices, Including Monitors, Televisions, And Modules, and Components Thereof (Inv. No. 337-TA-741) and Order No. 6 in Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof (Inv. No. 337-TA-749).

In the orders, ALJ Rogers consolidated these investigations finding that it “will conserve the resources of both parties and the Commission…[since] the two investigations will contain many overlapping legal issues, such as claim construction, domestic industry, invalidity, and unenforceability.”

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ALJ Rogers Issues Initial Determination In Certain MEMS Devices (337-TA-700)

By Eric Schweibenz
|
Dec
23
On December 23, 2010, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation ("ID") in Certain MEMS Devices and Products Containing the Same (Inv. No. 337-TA-700).

By way of background, the Complainant in this matter is Analog Devices, Inc.  The Respondents are Knowles Electronics LLC (“Knowles”) and Mouser Electronics, Inc.

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ALJ Rogers Issues Public Version Of Initial Determination In Certain Silicon Microphone Packages (337-TA-695)

By Eric Schweibenz
|
Jan
03
Further to our November 22, 2010 post, on December 21, 2010 ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID”) in Certain Silicon Microphone Packages and Products Containing the Same (337-TA-695).

By way of background, the Complainant in this investigation is Knowles Electronics, LLC (“Knowles”) and the Respondent is Analog Devices, Inc. (“Analog”).  The two patents at issue relate to silicone microphone packages and products containing same.  U.S. Patent No. 6,781,231 (the ‘231 patent) is directed to packaging for a microelectromechanical system (“MEMS”) microphone that “provides a shield for a MEMS microphone from an interference signal and/or environmental condition.”  U.S. Patent No. 7,242,089 (the ‘089 patent) relates to a surface mountable package for a silicone condenser microphone that “allows acoustic energy to contact a transducer” and “protects the transducer from light, electromagnetic interference, and physical damage.”  Knowles accused six Analog products of infringing the asserted patents.

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ALJ Rogers Grants Motion For Summary Determination On Patent Validity in Certain Ink Cartridges with Printheads (337-TA-723)

By Eric Schweibenz
|
Jan
13
On January 11, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 31: Initial Determination Granting Complainants’ Motion for Summary Determination on Patent Validity in Certain Inkjet Ink Cartridges with Printheads and Components Thereof (Inv. No. 337-TA-723).

According to the Order, Complainants Hewlett-Packard Company and Hewlett-Packard Development Company, L.P. (collectively, “HP”) filed a motion for summary determination that the following patents-in-suit are not invalid: U.S. Patent Nos. 6,309,053; 6,398,347; 6,412,917; 6,481,817; and 6,402,279, on the grounds that no respondents offered any invalidity defense for these patents and the time for discovery and initial expert reports had passed.  Respondent Asia Pacific Microsystems, Inc. (“APM”) opposed the motion, arguing that although it already agreed not to introduce evidence at trial to invalidate these five patents, a stipulation or an unopposed in limine motion would be more appropriate, and that even if HP’s motion were granted, any resulting order should state it has no preclusive effect in any other forum.  The Commission Investigative Staff supported HP’s motion, noting that since HP does not have the burden of proof regarding validity, it has no affirmative duty to present evidence to prevail on its motion.

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ALJ Rogers Modifies Procedural Schedule In Certain Flash Memory Chips (337-TA-735)

By Eric Schweibenz
|
Jan
18
On January 18, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 14:  Modifying The Procedural Schedule in Certain Flash Memory Chips and Products Containing The Same (Inv. No. 337-TA-735).

The Order resulted from a dispute between the parties regarding the deadlines in the procedural schedule for contention interrogatories.  The original procedural schedule set (1) February 17, 2011 as the deadline for parties to serve responses to contention interrogatories on the issues for which the party bears the burden of proof, and (2) March 21, 2011 as the deadline for parties to serve responses to contention interrogatories on the issues for which the opposing party bears the burden of proof.  Complainant Spansion LLC and the Commission Investigative Staff argued that the dates are deadlines to serve final contention interrogatory responses, and that the parties should be required to serve preliminary contention interrogatory responses prior to the deadlines.  Respondents argued that the dates serve as the first time that the parties must exchange contentions, and that there should be no requirement that the parties serve preliminary contentions.

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ALJ Rogers Sets Target Date In Certain Starter Motors and Alternators (337-TA-755)

By Eric Schweibenz
|
Jan
24
Further to our January 14, 2011 post, on January 21, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 4: Setting Target Date in Certain Starter Motors and Alternators (Inv. No. 337-TA-755).

According to the Order, ALJ Rogers set May 18, 2012 as the target date (which is 16 months after institution of the investigation).  ALJ Rogers further indicated that the initial determination on alleged violation shall be due on January 18, 2012.

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ALJ Rogers Grants Motion To Compel Discovery In Certain Flash Memory Chips (337-TA-735)

By Eric Schweibenz
|
Jan
25
On January 20, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 11 (dated December 8, 2010) granting Complainant Spansion, LLC’s (“Spansion”) motion to compel in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-735).

According to the order, Spansion moved to compel Respondent Samsung Electronics Co., Ltd (“Samsung”) to respond to discovery regarding the full scope of the accused products in the investigation.  In this regard, Spansion asserted that the scope of discovery “includes both NAND and NOR flash memory devices.”  Particularly, Spansion asserted that Samsung had limited its discovery responses to NAND flash memory.  In opposition, Samsung asserted that the scope of discovery is limited by Spansion’s complaint which lists only NAND flash memory devices.  The Commission Investigative Staff supported Spansion’s motion.

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ALJ Rogers Rules On Motion To Compel In Certain Inkjet Ink Cartridges With Printheads (337-TA-723)

By Eric Schweibenz
|
Jan
25
On January 20, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 20 (dated November 19, 2010) in Certain Inkjet Ink Cartridges With Printheads and Components Thereof (Inv. No. 337-TA-723).

In the Order, ALJ Rogers granted a motion filed by Complainants Hewlett-Packard Company and Hewlett-Packard Development Company, L.P. (collectively, “HP”) to compel Respondent Asia Pacific Microsystems, Inc. (“APM”) with respect to producing sample wafers of the type incorporated into the devices accused in this investigation.  According to the Order, although HP had criticized a large number of APM’s discovery responses, HP provided specific arguments only with respect to its request for sample wafers, and thus ALJ Rogers denied HP’s motion as to all other requests.

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ALJ Rogers Issues Public Version of Initial Determination in Certain MEMS Devices (337-TA-700)

By Eric Schweibenz
|
Feb
04
Further to our December 23, 2010 post, on January 24, 2011, ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID”) (dated December 23, 2010) in Certain MEMS Devices and Products Containing the Same (337-TA-700).

By way of background, the Complainant in this investigation is Analog Devices, Inc (“Analog”). and the Respondents are Knowles Electronics LLC (“Knowles”) and Mouser Electronics, Inc. (“Mouser”). The two patents at issue relate to MEMS devices and products containing the same. Both U.S. Patent No. 7,220,614 (the ‘614 patent) and U.S. Patent No. 7,364,942 (the ‘942 patent) are entitled “Process for Wafer Level Treatment to Reduce Stiction and Passivate Micromachined Surfaces and Compounds Used Therefor” and are directed to a process for forming durable anti-stiction surfaces on micromachined structures while they are still in wafer form (i.e., before they are separated into discrete devices for assembly into packages). Analog accused several models of Knowles’ SiSonic MEMS microphones, made using Knowles’ “dry” SAM anti-stiction process, of infringing the ‘614 and ‘942 patents. An investigation was instituted on January 5, 2010.

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ALJ Rogers Sets Procedural Schedule In Certain Starter Motors and Alternators (337-TA-755)

By Eric Schweibenz
|
Feb
14
On February 10, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 8: Setting Procedural Schedule in Certain Starter Motors and Alternators (Inv. No. 337-TA-755).

In the Order, ALJ Rogers set the procedural schedule for the investigation and included provisions for the early exchange of claim construction terms and proposed constructions.  The procedural schedule also provides that the evidentiary hearing in this investigation will commence on November 14, 2011.

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