ALJ Rogers

ALJ Rogers Sets Procedural Schedule In Certain Radio Frequency Identification (“RFID”) Products (337-TA-875)

By Eric Schweibenz
|
Apr
16
Further to our March 26, 2013 and April 5, 2013 posts, on April 15, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 5 in Certain Radio Frequency Identification (“RFID”) Products and Components Thereof (Inv. No. 337-TA-875). 

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, priority dates and dates of conception/reduction to practice, domestic industry contentions, asserted claims and infringement contentions, as well as invalidity contentions.  The procedural schedule also provides that the evidentiary hearing in this investigation will commence on January 27, 2014; the initial determination on alleged violation shall be due on March 28, 2014; and the target date for completion of the investigation is July 28, 2014 (which is approximately 16 months after institution of the investigation).

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ALJ Rogers Rules On Motion To Strike Complainants’ Interrogatory Responses And Expert Reports In Certain Rubber Resins (337-TA-849)

By Eric Schweibenz
|
Apr
26
On April 12, 2013, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 36 (dated March 5, 2013) in Certain Rubber Resins and Processes for Manufacturing Same(Inv. No. 337-TA-849).

According to the Order, Respondents filed a motion to strike a supplemental interrogatory response filed by Complainant SI Group, Inc. (“SI Group”) after the close of fact discovery.  Respondents assert that the late supplemental interrogatory response contained new allegations of trade secret misappropriation.  Further, Respondents sought to strike SI Group’s opening expert reports to the extent they included opinions alleged for the first time in the untimely supplemental interrogatory response.  Respondents argued that they are prejudiced by the late supplemental interrogatory response because all of their discovery efforts have centered on the trade secrets SI Group identified during discovery. 

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ALJ Rogers Issues Notice Of Initial Determination On Violation Of Section 337 In Certain Digital Models, Digital Data, And Treatment Plans For Use, In Making Incremental Dental Positioning Adjustment Appliances Made Therefrom (337-TA-833)

By Eric Schweibenz
|
May
08
On May 6, 2013, ALJ Robert K. Rogers, Jr. issued a notice regarding his Initial Determination ("ID") on violation of Section 337 and Recommended Determination ("RD") on remedy and bond in Certain Digital Models, Digital Data, and Treatment Plans for Use, in Making Incremental Dental Positioning Adjustment Appliances Made Therefrom, and Methods of Making the Same(Inv. No. 337-TA-833)

According to the notice, ALJ Rogers determined that (i) a domestic industry exists that exploits U.S. Patent Nos. 6,217,325 ("the '325 patent"), 6,722,880 ("the '880 patent"), 8,070,487 ("the '487 patent"), 6,471,511 ("the '511 patent"), 6,705,863 ("the '863 patent") and 7,134,874 ("the '874 patent"); (ii) a domestic industry does not exist that exploits U.S. Patent No. 6,626,666 ("the '666 patent"); (iii) claims 1-3, 11, 13, 14, 21, 30-35, 38 and 39 of the '325 patent are infringed and not invalid; (iv) claims 1 and 3 of the '880 patent are infringed and not invalid; (v) claims 1, 3 and 5 of the '487 patent are infringed and not invalid, and claims 7-9 of the '487 patent are not infringed and not invalid; (vi) claim 1 of the '511 patent is infringed and not invalid; (vii) claims 1, 3, 7 and 9 of the '666 patent are infringed and not invalid; (viii) claims 1 and 4-8 of the '863 patent are infringed and not invalid; (ix) claims 1,2, 38, 39, 41 and 62 of the '874 patent are infringed and not invalid; and (x) there is a violation of Section 337 as to the '325, '880, '487, '511, '863 and '874 patents.

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ALJ Rogers Denies Motion For Leave To Amend Complaint In Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)

By Eric Schweibenz
|
May
17
On May 10, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 27 denying Complainants InterDigital Technology Corporation, IPR Licensing, Inc. and InterDigital Holdings, Inc.'s (collectively, "InterDigital") motion for leave to amend the complaint in Certain Wireless Devices With 3G And/Or 4G Capabilities and Components Thereof (Inv. No. 337-TA-868).

According to the Order, InterDigital sought to add allegations of infringement of certain claims of U.S. Patent No. 8,380,244 to the complaint, arguing that the '244 patent had not yet issued and could not be asserted at the time it filed the complaint.  InterDigital also argued that good cause exists for granting leave because the '244 patent would not complicate the case since it is "closely related" to another patent at issue, all the Respondents are already familiar with the scope of technology of the '244 patent, and any required discovery would likely be duplicative of information being currently collected.  Also, InterDigital contended that granting its motion would obviate the need to initiate a separate investigation.

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ALJ Rogers Grants Motion To Strike Supplemental Interrogatory Response And Denies Motion To Respond Out Of Time In Certain Integrated Circuit Chips (337-TA-859)

By Eric Schweibenz
|
May
19
On May 9, 2013, ALJ Robert K. Rogers, Jr. Issued Order No. 19 granting Respondents LSI Corporation and Seagate Technology’s (collectively, “Respondents”) motion to strike Complainant Realtek Semiconductor Corporation’s (“Realtek”) supplemental interrogatory response while denying Realtek’s motion to file a response to the Respondents’ motion one day out of time 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 alleging violation of Section 337 in the importation into the U.S. and sale of certain integrated circuit chips that include bond pad structures or level shifter circuitry 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 post for more details.

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ALJ Rogers Sets Target Date For Enforcement Proceedings in Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Jun
04
Further to our May 23, 2013 post, on May 30, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 4 in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854). 

By way of background, on April 10, 2013, BriarTek IP, Inc. of Alexandria, Virginia (“BriarTek”) filed an enforcement complaint alleging that DeLorme Publishing Co., Inc. and DeLorme InReach LLC d/b/a InReach LLC (collectively, “DeLorme”)—both of Yarmouth, Maine—violated the consent order entered in the underlying investigation.  See our April 11, 2013 post for additional details.

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ALJ Rogers Sets Procedural Schedule For Enforcement Proceedings in Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Jun
10
Further to our May 23, 2013 and June 4, 2013 posts, on June 6, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 6 in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854). 

By way of background, on April 10, 2013, BriarTek IP, Inc. of Alexandria, Virginia (“BriarTek”) filed an enforcement complaint alleging that DeLorme Publishing Co., Inc. and DeLorme InReach LLC d/b/a InReach LLC (collectively, “DeLorme”)—both of Yarmouth, Maine—violated the consent order entered in the underlying investigation.  See our April 11, 2013 post for additional details.

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ALJ Rogers Issues Public Version Of Initial Determination In Certain Digital Models, Digital Data, And Treatment Plans For Use, In Making Incremental Dental Positioning Adjustment Appliances Made Therefrom (337-TA-833)

By Eric Schweibenz
|
Jun
24
Further to our May 8, 2013 post, on June 14, 2013, ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID,” dated May 6, 2013) finding a violation of Section 337 in Certain Digital Models, Digital Data, and Treatment Plans for Use, in Making Incremental Dental Positioning Adjustment Appliances Made Therefrom, and Methods of Making the Same(Inv. No. 337-TA-833).  Due to its size, we have split the 815 page ID in thirteen parts here:  part 1, part 2, part 3, part 4, part 5, part 6, part 7, part 8, part 9, part 10, part 11, part 12, and part 13.

By way of background, the International Trade Commission instituted this investigation on March 20, 2012 based on a complaint filed by Complainant Align Technology, Inc. (“Align”).  In the Complaint, Align alleged that Respondents ClearCorrect Operating, LLC and ClearCorrect Pakistan (Private), Ltd. (collectively, “Respondents”) violated Section 337 in the importation into the U.S. and sale of certain digital models, digital data, or treatment plans for use in making incremental dental positioning adjustment appliances that infringe—or are made, produced, or processed by means of a process that infringes—one or more claims of U.S. Patent Nos. 6,217,325 (the ‘325 patent), 6,705,863 (the ‘863 patent), 6,626,666 (the ‘666 patent), 8,070,487 (the ‘487 patent), 6,471,511 (the ‘511 patent), 6,722,880 (the ‘880 patent), and 7,134,874 (the ‘874 patent) (collectively, the “asserted patents”).  See our March 2, 2012 post for more details on the complaint.

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ALJ Rogers Terminates Investigation In Certain Radio Frequency Identification (“RFID”) Products (337-TA-875)

By Eric Schweibenz
|
Jun
26
On June 19, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 8 in Certain Radio Frequency Identification (“RFID”) Products and Components Thereof (Inv. No. 337-TA-875). 

According to the Order, Complainant Neology, Inc. and Respondents Federal Signal Corporation, Federal Signal Technologies, LLC, Sirit Corp., and 3M Company filed a joint motion to terminate the investigation based upon a settlement agreement.  ALJ Rogers granted the motion and terminated the investigation in its entirety, agreeing 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 Rogers Issues Notice Of Initial Determination Finding Violation Of Section 337 In Certain Rubber Resins (337-TA-849)

By Eric Schweibenz
|
Jun
28
On June 17, 2013, ALJ Robert K. Rogers, Jr. issued a notice regarding his Initial Determination (“ID”) on violation of Section 337 and Recommended Determination (“RD”) on remedy and bond in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849).

By way of background, this investigation is based on a May 21, 2012 complaint filed by SI Group, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain rubber resins made using misappropriated SI Group trade secrets.  See our June 22, 2012 post for more details on this investigation.

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ALJ Rogers Grants-In-Part and Denies-In-Part Motion To Compel Discovery In Certain Rubber Resins (337-TA-849)

By Eric Schweibenz
|
Sep
27
On September 20, 2013, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 37 (dated March 8, 2013) granting-in-part and denying-in-part complainant SI Group, Inc.’s (“SI Group”) motion to compel discovery from Respondents in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849).

By way of background, this investigation is based on a May 21, 2012 complaint filed by SI Group alleging violation of Section 337 in the importation into the U.S. and sale of certain rubber resins made using misappropriated SI Group trade secrets.  See our June 22, 2012 post for more details on this investigation.

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ALJ Bullock Grants Motion To Terminate Investigation In Certain Toy Figurines (337-TA-948)

By Eric Schweibenz
|
Aug
26
On August 26, 2015, Chief ALJ Charles E. Bullock issued Order No. 21 in Certain Toy Figurines and Toy Sets Containing The Same (Inv. No. 337-TA-948).

By way of background this investigation is based on a February 6, 2015 complaint filed by LEGO A/S, LEGO System A/S, and LEGO Systems, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain toy figurines and toy sets containing the same that infringe one or more of the following U.S. design patents:  D682,367; D678,432; D689,568; and D672,413 as well as one or more of the following U.S. Copyright registrations:  VA 1-876-291, VA 1-876-279, VA 1-876-378, and VA 1-876-373.  See our February 18, 2015 and March 19, 2015 posts for more details on the complaint and notice of investigation, respectively.
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