ALJ Rogers

ALJ Rogers Issues Notice Of Initial Determination In Certain Video Game Systems and Controllers (Inv. No. 337-TA-743)

By Eric Schweibenz
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Nov
04
On November 2, 2011, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Video Game Systems and Controllers(Inv. No. 337-TA-743).

By way of background, the Complainant in this matter is Motiva, LLC and the Respondents are Nintendo Co., Ltd. and Nintendo of America Inc. (collectively “Nintendo”). 

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ALJ Rogers Sets Procedural Schedule In Certain Devices For Mobile Data Communication (337-TA-809)

By Eric Schweibenz
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Nov
08
Further to our October 10, 11, and 28, 2011 posts, on November 7, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 6 in Certain Devices For Mobile Data Communication(Inv. No. 337-TA-809).

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 October 15, 2012; the initial determination on alleged violation shall be due on November 13, 2012; and the target date for completion of the investigation is March 12, 2013.

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ALJ Rogers Denies Motion For Summary Determination In Certain Starter Motors and Alternators (337-TA-755)

By Eric Schweibenz
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Nov
10
On November 3, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 33 (dated October 5, 2011) in Certain Starter Motors and Alternators(Inv. No. 337-TA-755).  The order denied Respondent Wetherill Associates, Inc. d/b/a WAI Global’s (“WAI”) motion for summary determination that Complainants Remy International, Inc. and Remy Products, LLC (collectively, “Remy”) could not satisfy the economic prong of the domestic industry requirement.

According to the Order, WAI’s motion was based on its assertion that the “articles protected by the intellectual property right concerned” were limited to one starter model and one alternator model.  WAI argued that Remy should be limited to only these two models because they were the only models for which Remy provided claim charts. 

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ALJ Rogers Denies Motion for Leave To Serve Responses to Requests for Admission Two Days Late And Deems Requests Admitted In Certain Muzzle-Loading Firearms (337-TA-777)

By Eric Schweibenz
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Nov
11
On November 7, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 17 in Certain Muzzle-Loading Firearms and Components Thereof(Inv. No. 337-TA-777).  The Order denied a motion filed by Complainants Thompson/Center Arms Co., Inc. and Smith & Wesson Corp. (collectively, “Thompson”) for leave to serve two days late their responses to requests for admission served by Respondents Blackpowder Products Inc. and Dikar Sociedad Cooperativa Limitada (collectively, “BPI”).

Thompson argued that its responses to BPI’s requests for admission were due October 11, 2011, but that it served responses on October 13, 2011, due to additional time being required to prepare the parties’ proposed claim constructions, which were also due October 11.  Pursuant to BPI’s request, Thompson was also preparing a supplemental response to BPI’s Interrogatory No. 1 regarding the application of a doctrine of equivalents analysis to accused products, which purportedly was interrelated to the requests for admission, and “additional time was required to form a complete response helpful to his Investigation, the parties, and such complete response will reduce costs and time and increase efficient resolution of the issues hereof.” 

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ALJ Rogers Grants Motion To Terminate Investigation As To Aluratek In Certain Digital Photo Frames And Image Display Devices (337-TA-807)

By Eric Schweibenz
|
Nov
14
On November 10, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 12 (dated November 10, 2011) in Certain Digital Photo Frames And Image Display Devices and Components Thereof(Inv. No. 337-TA-807).

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

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ALJ Rogers Grants Motion To Terminate Investigation As To Metric Sales & Engineering In Certain Starter Motors and Alternators (337-TA-755)

By Eric Schweibenz
|
Nov
14
On November 10, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 44 (dated November 10, 2011) in Certain Starter Motors and Alternators(Inv. No. 337-TA-755). 

In the Order, ALJ Rogers granted a motion filed by Respondent Metric Sales & Engineering, Inc. to terminate the investigation based on entry of a consent order.

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ALJ Rogers Denies Motion for Temporary Relief in Certain Muzzle-Loading Firearms (337-TA-777)

By Eric Schweibenz
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Nov
15
Further to our August 31, 2011 post, on November 9, 2011, ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID”) (dated August 31, 2011) denying a motion by Complainants Thompson/Center Arms Company, Inc. and Smith & Wesson Corp. (the “Complainants”) for temporary relief in Certain Muzzle-Loading Firearms and Components Thereof(Inv. No. 337-TA-777).  

While the investigation involves multiple patents and numerous respondents, Complainants moved for temporary relief only against Respondents Traditional Sporting Goods, Inc., d/b/a Traditions Sporting Firearms and Ardesa, S.A., d/b/a Ardesa Firearms (the “Respondents”) in connection with U.S. Patent No. 7,814,694 (the ‘694 patent).  According to the ID, the ‘694 patent generally relates to a muzzle-loading firearm with a removable breech plug having a sealing element.

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ALJ Rogers Sets Target Date In Certain Projectors With Controlled-Angle Optical Retarders (337-TA-815)

By Eric Schweibenz
|
Nov
30
Further to our November 22, 2011 post, on November 28, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 4 in Certain Projectors With Controlled-Angle Optical Retarders, Components Thereof, and Products Containing Same(Inv. No. 337-TA-815).

According to the Order, ALJ Rogers set April 24, 2013 as the target date (which is 17 months after institution of the investigation).  ALJ Rogers further indicated that the initial determination on alleged violation shall be due on December 21, 2012.

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ALJ Rogers Grants-In-Part and Denies-In-Part Motion To Compel In Certain Muzzle-Loading Firearms (337-TA-777)

By Eric Schweibenz
|
Dec
01
On November 29, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 23 in Certain Muzzle-Loading Firearms and Components Thereof (Inv. No. 337-TA-777).  The Order granted-in-part and denied-in-part a motion filed by Respondents Blackpowder Products Inc. and Dikar Sociedad Cooperativa Limitada (collectively, “BPI”) to compel Complainants Smith & Wesson Corp. and Thompson/Center Arms Company, Inc. (collectively, “Thompson”) to produce certain documents listed on their amended privilege log. 

BPI sought production of two categories of documents for which it argued are not privileged: (i) documents authored by or shared with unrelated third parties, and (ii) documents considered by Thompson’s technical expert.  Thompson argued that the category (i) documents were properly claimed as attorney-client and work product because they were part of the pre-filing investigation and analysis conducted in anticipation of litigation; and that there is no foundation in the record that the technical expert relied on the category (ii) documents.  Regarding the category (i) documents, the Office of Unfair Import Investigations (“OUII”) supported the motion to compel because BPI made clear that documents authored or received by third parties are not privileged simply because they are attached to an opinion by counsel.  With respect to the category (ii) documents, OUII noted that although facts and data considered by an expert in forming an opinion must be disclosed, BPI’s request was premature because Thompson’s technical expert had not yet issued an expert report.

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ALJ Rogers Denies Motion To Compel In Certain Light-Emitting Diodes (337-TA-798)

By Eric Schweibenz
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Dec
02
On November 30, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 17: Denying OSRAM’s Motion To Compel Samsung to Produce Domestic Industry Documents in Certain Light-Emitting Diodes and Products Containing Same (Inv. No. 337-TA-798).

According to the Order, Respondents OSRAM AG, OSRAM Opto Semiconductors GmbH, OSRAM Opto Semiconductors Inc., and OSRAM Sylvania Inc. (collectively, “OSRAM”) filed a motion to compel Samsung LED Co., Ltd. and Samsung LED America, Inc. (collectively “SLED”) to complete their production of documents and things responsive to OSRAM’s discovery requests relating to domestic industry.  In support of the motion, OSRAM argued that it served discovery requests relating to SLED’s domestic industry on August 18, 2011 and that SLED had not yet substantially completed its domestic industry production, and that information concerning SLED’s alleged domestic industry was necessary to develop its case.  OSRAM also stated that it repeatedly sought confirmation that SLED would substantially complete its document production by November 14, 2011, but SLED refused to do so.  OSRAM determined that there was an impasse on November 7, 2011 and alleged that it was forced to file the instant motion.  SLED opposed the motion, arguing that OSRAM failed to comply with Ground Rules 3.2 and 3.5.  SLED also argued that the parties were engaged in ongoing discussions when OSRAM filed its motion, and that OSRAM agreed to SLED’s proposed deadline to substantially complete its document production by December 12, 2011.

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ALJ Rogers Grants Motion To Terminate Investigation As To Circus World Displays In Certain Digital Photo Frames And Image Display Devices (337-TA-807)

By Eric Schweibenz
|
Dec
07
On December 6, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order 16 in Certain Digital Photo Frames And Image Display Devices and Components Thereof(Inv. No. 337-TA-807).

In the Order, ALJ Rogers granted a joint motion filed by Complainant Technology Properties Limited LLC (“TPL”) and Respondent Circus World Displays Ltd. ("CWD") to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Rogers granted the joint motion filed by TPL and CWD.

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ALJ Rogers Grants Motions To Terminate Investigation In Certain Starter Motors and Alternators (337-TA-755)

By Eric Schweibenz
|
Dec
12
On November 29, 2011, ALJ Robert K. Rogers, Jr. issued the public versions of Order Nos. 46 and 47 (both dated November 29, 2011) in Certain Starter Motors and Alternators (Inv. No. 337-TA-755). 

In Order No. 46, ALJ Rogers granted a joint motion filed by Complainants Remy International, Inc. and Remy Technologies LLC (collectively, “Remy”) and Respondent Wan Li Industrial Development, Inc. (“Wan Li”) to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Rogers granted the motion filed by Remy and Wan Li.

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ALJ Rogers Grants Joint Motion To Terminate Investigation In Certain Muzzle-Loading Firearms (337-TA-777)

By Eric Schweibenz
|
Dec
14
On December 12, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 26 (dated December 12, 2011) in Certain Muzzle-Loading Firearms and Components Thereof(Inv. No. 337-TA-777).

In the Order, ALJ Rogers granted a joint motion filed by Complainants Thompson/Center Arms Co., Inc. and Smith & Wesson Corp. (collectively, “Thompson”) and Respondents Traditional Sporting Goods, Inc. d/b/a Traditions Sporting Firearms and Ardesa, S.A. d/b/a Ardesa Firearms (collectively, “TSG”) to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Rogers granted the motion filed by Thompson and TSG.

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ALJ Rogers Rules On Motion To Compel In Certain Polyimide Films (337-TA-772)

By Eric Schweibenz
|
Dec
14
On December 12, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 15: Granting-in-Part & Denying-in-Part Respondent SKC Kolon PI, Inc.’s Motion to Compel Complainant to Provide Full & Complete Answers to Interrogatories in Certain Polyimide Films, Products Containing Same, and Related Methods(Inv. No. 337-TA-772).

According to the Order, Respondent SKC Kolon PI, Inc. (“SKPI”) filed a motion to compel Complainant Kaneka Corporation (“Kaneka”) to provide full and complete answers to Interrogatory Nos. 84-89 of SKPI’s Second Set of Interrogatories.  In support of the motion, SKPI argued that it served discovery requests relating to the factual and legal basis for any contentions by Kaneka that its asserted patents are not invalid over prior art identified by SKPI and/or not enforceable.  SKPI argued that Kaneka failed to substantively respond to the subject interrogatories, arguing Kaneka merely stated general law or theory, failed to address and respond to specific defenses and positions, and recited boilerplate language objecting to the requests.  SKPI argued that “under the Commission Rules, the Ground Rules, and the procedural schedule, SKPI is entitled to substantive responses, or a concession that its invalidity and unenforceability defenses are correct, thus resolving this investigation.”  

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ALJ Rogers Sets Procedural Schedule In Certain Projectors With Controlled-Angle Optical Retarders (337-TA-815)

By Eric Schweibenz
|
Dec
15
On December 14, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 6 in Certain Projectors With Controlled-Angle Optical Retarders, Components Thereof, and Products Containing Same(Inv. No. 337-TA-815).

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 5, 2012; the initial determination on alleged violation shall be due on December 21, 2012; and the target date for completion of the investigation is April 24, 2013.

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ALJ Rogers Grants-In-Part and Denies-In-Part Motion To Strike Affirmative Defenses in Certain Devices for Mobile Data Communication (337-TA-809)

By Eric Schweibenz
|
Dec
22
On December 20, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 10 (i) Granting-In-Part and Denying-In-Part Complainant Openwave Systems, Inc.’s Motion To Strike Apple, Inc.’s Inadequately Pleaded Affirmative Defenses, and (ii) Granting Respondent Apple, Inc.’s Unopposed Motion For Leave to Amend Its Response to the Complaint (Eighth Affirmative Defense) in Certain Devices for Mobile Data Communication(Inv. No. 337-TA-809). 

The investigation is based on a complaint filed by Openwave Systems, Inc. (“Openwave”) of Redwood City, California alleging violation of Section 337 in the importation into the U.S. and sale of certain allegedly infringing devices for mobile data communication.  See our September 1, 2011 post for more details.

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ALJ Rogers Rules on Motion to Compel in Certain Integrated Circuits (337-TA-786)

By Eric Schweibenz
|
Dec
28
On December 22, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 9 (dated November 2, 2011) in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions (Inv. No. 337-TA-786) granting-in-part and denying-in-part respondent Funai Electric Co. Ltd.’s and Funai Corp., Inc.’s (“Funai”) motion to compel responses to Interrogatory Nos. 1, 5, and 6.

Funai previously filed a motion for summary determination, alleging that complainant Freescale Semiconductor, Inc.’s (“Freescale”) allegations were barred under the doctrines of issue preclusion and bar based on related Investigation No. 337-TA-709 (“Integrated Circuits I”).  Freescale successfully opposed, alleging there were disputed facts as to whether the claims are the same as those decided in Integrated Circuits I, pointing to paragraph 56 of the complaint.  Soon after, Funai issued its First Set of Interrogatories (1-6) to Freescale.  Interrogatory No. 1 requested the factual basis for paragraph 56 of the complaint, and Interrogatories 5 and 6 requested information regarding Freescale’s pre-filing investigation.  Freescale served its responses to Funai’s First Set of Interrogatories on September 9, 2011 providing the names of those involved in the pre-filing investigation, stating that investigation continues in order to confirm its factual basis, and claiming that all other information is protected by attorney-client privilege and/or the work product doctrine.

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ALJ Rogers Rules on Motion to Compel in Certain Integrated Circuits (337-TA-786)

By Eric Schweibenz
|
Dec
29
On December 22, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 13 (dated November 22, 2011) in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions (Inv. No. 337-TA-786) Denying Complainant’s Motion to Compel.

According to the Order, Complainant Freescale Semiconductor, Inc. (“Freescale”) filed a motion to compel Respondent MediaTek, Inc. (“MediaTek”) to provide dates in December 2011 for depositions.  Freescale stated that it requested deposition dates for MediaTeks’s witnesses in Taiwan in December 2011 and MediaTek responded by claiming its witnesses were not available in December, offering dates in January 2012.  According to Freescale’s remarks set forth in the Order, “MediaTek offered no reason regarding why its witnesses could not sit for depositions in December.”  Freescale argued that it wanted to hold the depositions well in advance of the February 10, 2012 deadline for close of discovery “given MediaTek’s past failures in providing prompt responses to discovery.”

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ALJ Rogers Grants-In-Part Motion To Strike Affirmative Defenses in Certain Devices for Mobile Data Communication (337-TA-809)

By Eric Schweibenz
|
Jan
03
On December 23, 2011, ALJ Robert K. Rogers, Jr. issued Order No. 11 granting-in-part Complainant Openwave Systems, Inc.’s (“Openwave”) motion to strike Respondents Research In Motion Corporation and Research In Motion, Ltd.’s (collectively “RIM”) first, second, third, fourth, tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth affirmative defenses, and granting RIM’s unopposed motion for leave to file an amended response to the Complaint in Certain Devices for Mobile Data Communication (Inv. No. 337-TA-809).

According to the Order, Openwave contended that RIM’s aforementioned defenses were inadequately pled and should be stricken.  Specifically, Openwave asserted that RIM’s factual support for each of these defenses is insufficient to meet the requirements of Commission Rule 210.13 or the heightened pleading standard of Rule 9(b) of the Federal Rules of Civil Procedure.  RIM opposed the motion, arguing that it fully complied with Commission Rules and the ALJ’s precedent in pleading each defense with “as much specificity as possible,” and with the heightened particularity under Rule 9(b) when necessary.  The Commission Investigative Staff (“OUII”) also opposed the motion, arguing that the specificity sought by Openwave with respect to RIM’s defenses of non-infringement and invalidity is not required at this stage.  However, OUII asserted that RIM failed to sufficiently plead patent misuse, inequitable conduct, prosecution history estoppel, lack of standing, lack of candor and abuse of process, express license, patent exhaustion, first sale, incorporation and reservation, but stated that RIM should be allowed to supplement its response before these defenses are stricken.

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ALJ Rogers Grants Joint Motion To Terminate Investigation In Certain Starter Motors and Alternators (337-TA-755)

By Eric Schweibenz
|
Jan
04
On December 30, 2011, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 49 (dated December 30, 2011) in Certain Starter Motors and Alternators (Inv. No. 337-TA-755). 

In the Order, ALJ Rogers granted a joint motion filed by Complainants Remy International, Inc. and Remy Technologies LLC (collectively, “Remy”) and Respondent Motorcar Parts of America, Inc. (“MPA”) to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Rogers granted the motion filed by Remy and MPA.

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