ALJ Rogers

ALJ Rogers Orders Seagate To Produce Broader Discovery Regarding Downstream Products In Certain Semiconductor Integrated Circuits (337-TA-665)

By Eric Schweibenz
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Jun
03
On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 37 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers granted-in-part and denied-in-part Complainant Qimonda AG’s (“Qimonda”) motion to compel respondents Seagate Technology, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, and Seagate (US) LLC (“Seagate”) to produce documents and testimony regarding Seagate’s downstream products.

ALJ Rogers first determined that Qimonda met its meet and confer obligations under the ground rules by raising the issue of the scope of Seagate’s accused downstream products in an April 14, 2009 Discovery Committee Report.

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ALJ Rogers Denies Motion to Compel In Certain Semiconductor Integrated Circuits (337-TA-665)

By Eric Schweibenz
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Jun
04
On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 38 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers denied Complainant Qimonda AG’s (“Qimonda”) motion to compel respondents LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, and Seagate (US) LLC to produce knowledgeable witnesses.

In the Order, ALJ Rogers determined that Qimonda violated Ground Rules 3.2 and 3.5 (requiring parties to make good-faith efforts to resolve discovery disputes without ALJ intervention and to meet and confer to resolve discovery disputes at least two business days prior to filing a motion) in connection with its motion.

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ALJ Rogers Rules On Motions For Summary Determination Of Non-Infringement In Certain Semiconductor Integrated Circuits (337-TA-665)

By Eric Schweibenz
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Jun
05
On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public versions of Order No. 28 (dated April 30, 2009) and Order No. 34 (dated May 6, 2009) in Certain Semiconductor Integrated Circuits and Products Containing Same (Inv. No. 337-TA-665).  In Order No. 28, ALJ Rogers denied respondent LSI Corp.’s (“LSI”) motion for summary determination that it does not infringe the asserted claims of complainant Qimonda AG’s (“Qimonda”) U.S. Patent No. 5,213,670 (the “‘670 patent”).  In Order No. 34, ALJ Rogers granted-in-part and denied-in-part LSI’s motion for summary determination that it does not infringe the asserted claims of Qimonda’s U.S. Patent No. 6,103,456 (the “‘456 patent”).  The public versions of the orders are heavily redacted.

LSI filed both motions for summary determination on April 8, 2009.  Qimonda filed oppositions on April 20, 2009.  The Commission Investigative Staff filed responses opposing the motion for summary determination of non-infringement of the ‘670 patent but supporting the motion for summary determination of non-infringement of the ‘456 patent on April 20, 2009.

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ALJ Rogers Grants-In-Part Complainant’s Motion to Compel And Grants-In-Part A Non-Party Motion To Quash Subpoena In Certain Semiconductor Integrated Circuits (337-TA-665)

By Eric Schweibenz
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Jun
05
On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 23 (dated April 28, 2009) in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers granted-in-part and denied-in-part Complainant Qimonda AG’s (“Qimonda”) motion to compel Respondent LSI Corporation (“LSI”) to produce certain documents and witnesses and granted-in-part and denied-in-part non-party Chartered Semiconductor Manufacturing Inc.’s (“Chartered USA”) motion to quash and/or limit a subpoena served by Qimonda.

As an initial matter, ALJ Rogers analyzed Qimonda’s and Chartered USA’s motions together because they both related to the definition of the term “Relevant Products” used in Qimonda’s discovery requests.  Qimonda’s definition of the term “Relevant Products” included seven defined categories.

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ALJ Rogers Grants-In-Part Motion To Quash Subpoena In Certain Non-Shellfish Derived Glucosamine (337-TA-668)

By Eric Schweibenz
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Jun
09
On June 5, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 16 in Certain Non-Shellfish Derived Glucosamine and Products Containing Same (337-TA-668).  In the Order, ALJ Rogers granted-in-part and denied-in-part TSI Health Sciences, Inc.’s (“TSI”) motion to quash a subpoena served by respondent Nantong Foreign Trade Medicines & Health Products Co., Ltd. (“NFT”).

According to the Order, TSI was previously a respondent in the investigation, but settled with complainant Cargill, Incorporated (“Cargill”).  Based on ALJ Rogers’ previously issued Order No. 11, the remaining respondents in the investigation did not receive the full settlement agreement between Cargill and TSI.

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ALJ Rogers Denies NFT’s Motion For Summary Determination Of Invalidity In Certain Non-Shellfish Derived Glucosamine (337-TA-668)

By Eric Schweibenz
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Jun
23
On June 22, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 20 in Certain Non-Shellfish Derived Glucosamine and Products Containing Same (337-TA-668).  In the Order, ALJ Rogers denied respondent Nantong Foreign Medicines & Health Product Co., Ltd.’s (NFT) motion for summary determination of invalidity.

According to the Order, complainant Cargill, Inc. asserts that NFT infringes claims 1-10 of U.S. Patent No. 7,049,433 (the ‘433 patent), which are directed to a method of making glucosamine.  Claim 1 is an independent claim, and claims 2-10 depend from claim 1.

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ALJ Rogers Denies Joint Motion To Terminate Investigation In Certain Non-Shellfish Derived Glucosamine (337-TA-668)

By Eric Schweibenz
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Jul
14
On July 9, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 23 (dated June 29, 2009) in Certain Non-Shellfish Derived Glucosamine and Products Containing Same (337-TA-668).  In the Order, ALJ Rogers (i) denied a joint motion filed by complainant Cargill, Inc. (“Cargill”) and respondent Ethical Naturals, Inc. (“ENI”) to terminate the investigation as to respondent ENI, and (ii) granted a joint motion for leave filed by Cargill and ENI to not serve the remaining respondents with certain portions of the settlement agreement between Cargill and ENI (the “Settlement Agreement”).

According to the Order, the ITC’s rules provide that “in the case of a proposed termination by settlement agreement, the parties may file statements regarding the impact of the proposed termination on the public interest, and the [ALJ] may hear argument, although no discovery may be compelled, with respect to issues relating solely to the public interest.”  In connection with their joint motion to terminate, Cargill and ENI asserted that the Settlement Agreement is consistent with the public interest.  The Commission Investigative Staff opposed the motion to terminate, arguing that the Settlement Agreement did not promote the public interest.

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ALJ Rogers Issues Initial Determination Terminating Investigation In Certain Lighting Control Devices (337-TA-676)

By Eric Schweibenz
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Jul
15
On July 14, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 8 in Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (337-TA-676).  In the Order, ALJ Rogers granted complainant Lutron Electronics Co., Inc. (“Lutron”) and respondent Universal Smart Electric Corp.’s (“Universal”) joint motion to terminate the investigation based on a Consent Order.

In view of the Commission Investigative Staff’s support of the joint motion, an agreement between Lutron and Universal, and the fact that Universal was the sole respondent in this investigation, ALJ Rogers determined that “termination of this investigation is in the public interest and does 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.”

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ITC Institutes Investigation Regarding Certain Lighting Dimmer Switches And Parts Thereof (337-TA-681)

By Eric Schweibenz
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Jul
22
On July 20, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (337-TA-681).

The investigation is based on a June 23, 2009 complaint filed by Lutron Electronics Co., Inc.  As we explained in our June 25 post, the complaint alleges that Neptun Light, Inc. (“Neptun”) of Lake Bluff, Illinois unlawfully imports into the U.S., sells for importation, or sells within the U.S. after importation certain lighting control devices and parts thereof that infringe certain claims of U.S. Patent No. 5,637,930 (“the ‘930 patent”).

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ALJ Rogers Grants-In-Part and Denies-In-Part Motion For Leave To Submit Supplemental Notice Of Prior Art In Certain Electronic Devices (337-TA-673/667)

By Eric Schweibenz
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Jul
24
On July 22, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 24C in Certain Electronic Devices, Including Handheld Wireless Communications Devices (Inv. Nos. 337-TA-673 and 337-TA-667).  In the Order, ALJ Rogers granted-in-part and denied-in-part a motion for leave to submit a supplemental notice of prior art filed by respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLP’s (collectively “Samsung”).

Samsung filed its motion for leave on July 9, 2009, seeking to add eight prior art references relating to complainant Saxon Innovations, LLC’s (“Saxon”) U.S. Patent No. 5,530,597 and two prior art references relating to Saxon’s U.S. Patent No. 5,608,873.  Samsung argued that Saxon had supplemented its contention interrogatory responses at a late date and that, in light of Saxon’s new contentions, Samsung had discovered the ten new prior art references.  Further, Samsung asserted that it acted promptly by providing notice of the new references to the parties, supplementing its own invalidity contention interrogatory responses, and filing the instant motion for leave.

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ALJ Rogers Denies Motion For Protective Order In Certain Electronic Devices (337-TA-667/337-TA-673)

By Eric Schweibenz
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Aug
06
On August 5, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 21C (dated July 14, 2009) in Certain Electronic Devices, Including Handheld Wireless Communications Devices (Inv. No. 337-TA-667/337-TA-673).  In the Order, ALJ Rogers denied Respondent Palm, Inc.’s (“Palm”) motion for protective order to preclude Complainant Saxon Innovations, LLC (“Saxon”) from accusing the Palm Pre phone of infringement in this investigation.

By way of background, the procedural schedule in this investigation required the parties to serve responses to contention interrogatories on June 10, 2009.  Saxon served contention interrogatory responses on June 10, including a response to Palm’s interrogatory seeking identification of the accused Palm products.  On June 18, 2009, Saxon served a supplemental interrogatory response alleging for the first time that Palm’s Pre phone infringed U.S. Patent No. 5,530,597.

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Update Regarding Certain Lighting Control Devices (337-TA-681)

By Eric Schweibenz
|
Aug
10
Further to our July 22 post, ALJ Robert K. Rogers, Jr. issued Order No. 4 on August 6, 2009 in Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (Inv. No. 337-TA-681).  In the Order, ALJ Rogers sets the procedural schedule for the investigation, including a March 8, 2010 start date for the evidentiary hearing.

Also, on August 6, ALJ Rogers issued Order No. 5 setting the target date for this investigation.  Specifically, ALJ Rogers set October 25, 2010 as the target date for completion of the investigation (which is 15 months after institution of the investigation).

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ALJ Rogers Issues Initial Determination Granting Philip’s Motion For Termination Of Investigation In Certain High-Brightness Light-Emitting Diodes (337-TA-556)

By Eric Schweibenz
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Aug
19
On August 18, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 5 in Certain High-Brightness Light-Emitting Diodes and Products Containing Same (Inv. No. 337-TA-556).  In the Order, ALJ Rogers granted Complainant Philips Lumileds Lighting Company, LLC’s (“Philips Lumileds”) motion to withdraw its complaint and terminate the investigation in its entirety.

By way of background, on May 24, 2009, the Federal Circuit vacated the Commission’s limited exclusion order and remanded the case to the Commission to allow Respondent Epistar Corp. (“Epistar”) to challenge the validity of U.S. Patent No. 5,008,718 (the “‘718 patent”).  See our May 26, July 28, and July 29 posts for more information.  According to the Order, the ‘718 patent will expire on December 18, 2009, and “Philips Lumileds has been advised that it will not be able to complete the entire remand proceeding prior to the expiration of the ‘718 patent.”  Accordingly, Philips Lumileds moved for termination of the investigation while noting “that it does not waive any rights in its currently-pending lawsuit against Epistar in the United States District Court for the Northern District of California.”

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Update Regarding Certain Bulk Welding Wire Containers (337-TA-686)

By Eric Schweibenz
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Sep
08
Further to our September 3 post, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Robert K. Rogers, Jr. will handle Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686).

Thereafter, ALJ Rogers issued Order No. 1: Protective Order, Order No. 2: Ground Rules, and Order 3: Setting Pre-Hearing Conference in this matter.  In Order No. 3, ALJ Rogers determined that a pre-hearing conference will be held on September 18, 2009.

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ALJ Rogers Sets Target Date In Certain Bulk Welding Wire Containers (337-TA-686)

By Eric Schweibenz
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Sep
21
On September 18, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 7: Setting Target Date in Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686).

According to the Order, the Initial Determination will be due on August 9, 2010, and the target date for completion of this investigation is December 7, 2010 (which is 15 months after institution of the investigation).

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ALJ Rogers Issues Initial Determination In Certain Semiconductor Integrated Circuits (337-TA-665)

By Eric Schweibenz
|
Oct
19
On October 14, 2009, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination On Violation of Section 337 and Recommended Determination on Remedy and Bond (“ID”) in Certain Semiconductor Integrated Circuits and Products Containing Same (Inv. No. 337-TA-665).

The Complainant in this investigation is Qimonda AG (“Qimonda”) and the Respondents are LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings, Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, Seagate Technologies International (Singapore), and Seagate (US) LLC (collectively “Respondents”).

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ALJ Rogers Grants Motion To Strike Supplemental Expert Report In Certain Electronic Devices (337-TA-667/673)

By Eric Schweibenz
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Oct
19
On October 13, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 34C (dated August 28, 2009) in Certain Electronic Devices, Including Handheld Wireless Communications Devices (Inv. No. 337-TA-667/673).  In the Order, ALJ Rogers granted a motion to strike the supplemental expert report of Complainant Saxon Innovations, LLC’s (“Saxon”) expert witness filed by Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLP (collectively, “Samsung”).

In support of the motion to strike, Samsung argued that Saxon’s supplemental expert report was untimely because the deadline for initial expert reports was July 24, 2009, but Saxon’s supplemental report had been filed on August 17, 2009.  Further, Samsung argued that since the supplemental expert report relied on documents and information that had already been available to Saxon before the July 24, 2009 deadline, there was no issue of later-acquired information that might have justified a supplemental expert report under Commission Rule 210.27(c).

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ALJ Rogers Sets Target Date In Certain Printing And Imaging Devices (337-TA-690)

By Eric Schweibenz
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Oct
30
Further to our October 21 post, on October 29, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 4: Setting Target Date in Certain Printing and Imaging Devices and Components Thereof (Inv. No. 337-TA-690).

According to the Order, the Initial Determination will be due on September 27, 2010, and the target date for completion of this investigation is January 25, 2011 (which is 15 months after institution of the investigation).

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Update Regarding Certain Printing And Imaging Devices (337-TA-690)

By Eric Schweibenz
|
Nov
11
Further to our October 21 and October 30 posts, on November 9, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 6: Setting Procedural Schedule in Certain Printing and Imaging Devices and Components Thereof (Inv. No. 337-TA-690).

In the Order, ALJ Rogers sets the procedural schedule for the investigation and includes provisions for the early exchange of claim construction terms and proposed constructions.  The procedural schedule also indicates that the evidentiary hearing in this investigation will commence on May 17, 2010.

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