ALJs

ALJ Gildea Denies Motion To Present Closing Arguments In Certain Integrated Circuit Devices (337-TA-873)

By Eric Schweibenz
|
Apr
11
On April 3, 2014, ALJ E. James Gildea issued Order No. 62 in Certain Integrated Circuit Devices and Products Containing the Same (Inv. No. 337-TA-873). 

In the Order, ALJ Gildea denied Complainant Tela Innovations, Inc.’s (“Tela”) motion requesting that the ALJ hear closing arguments in this Investigation.  According to the Order, the Commission Investigative Staff did not oppose Tela’s motion, but the Respondents did oppose noting that Tela failed to identify a sufficient justification for presenting closing arguments. 

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ALJ Gildea Grants Motion To Compel In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-879)

By Eric Schweibenz
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Apr
14
On April 10, 2014, ALJ E. James Gildea issued the public version of Order No. 18 (dated March 6, 2014) granting Complainants’ Motion to Compel Production of Documents in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-879).

By way of background, this advisory opinion proceeding was initiated by Respondents Apex Medical Corp. and Apex Medical USA Corp. (collectively, “Apex”).  Apex sought an advisory opinion in order to confirm that their redesigned sleep-disordered breathing treatment systems are not covered by the consent order which they previously entered into.  See our December 16, 2013 post for more details on the ITC’s decision to institute this advisory opinion proceeding.    

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ALJ Gildea Rules On Motion to Compel And/Or Strike In Certain Silicon Microphone Packages (337-TA-888)

By Eric Schweibenz
|
Apr
16
On April 10, 2014, ALJ E. James Gildea issued the public version of Order No. 29 (dated March 20, 2014) granting in part Complainant’s motion to compel and/or strike in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same that infringe, or that are made by a process that infringes, one or more claims of U.S. Patent Nos. 7,439,616, 8,018,049, and 8,121,331.  See our June 25, 2013 and July 24, 2013 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Lord Sets 16-Month Target Date In Certain Sulfentrazone (337-TA-914)

By Eric Schweibenz
|
Apr
16
On April 15, 2014, ALJ Dee Lord issued Order No. 3 in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914).

By way of background, this investigation is based on a March 5, 2014 complaint filed by FMC Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain certain sulfentrazone active ingredient and formulated sulfentrazone compositions made by a process that infringes one or more claims of U.S. Patent No. 7,169,952 (the ‘952 patent).  See our March 6, 2014 and April 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. 

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ALJ Bullock Grants Motion To Terminate Investigation In Certain Ground Fault Circuit Interrupters (337-TA-739)

By Eric Schweibenz
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Apr
16
On April 15, 2014, Chief ALJ Charles E. Bullock issued Order No.  88 in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).

By way of background, the original investigation was based on an October 8, 2010 complaint filed by Leviton Manufacturing Co., Inc. (“Leviton”) alleging violations of section 337 in the importation and/or sale of certain ground fault circuit interrupters (“GFCIs”) that infringe, among other patents, U.S. Patent No. 7,737,809.  The ITC issued cease and desist orders against numerous defaulting respondents, including Menard, Inc. (“Menard”).  The ITC also issued a general exclusion order.  Non-party Pass & Seymour, Inc. (“P&S”) had argued that the general exclusion should not reach P&S’s products, but the ITC rejected this argument.  Subsequently, on August 29, 2012, Leviton filed a complaint for an enforcement proceeding alleging, among other things, that Menard violated the cease and desist order by selling P&S GFCIs.  P&S joined the enforcement proceeding as an intervener, but the proceeding was later terminated following a settlement and licensing agreement between Leviton and P&S.  See our February 14, 2014 post for more details.

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ALJ Gildea Sets Procedural Schedule In Certain Lithium Silicate Materials (337-TA-911)

By Eric Schweibenz
|
Apr
17
On April 15, 2014, ALJ E. James Gildea issued Order No. 4 in Certain Lithium Silicate Materials and Products Containing the Same (Inv. No. 337-TA-911).

By way of background, the investigation is based on a February 19, 2014 complaint filed by Ivoclar Vivadent AG, Ivoclar Vivadent, Inc., and Ivoclar Vivadent Manufacturing Inc. alleging violation of Section 337 by Dentsply International Inc., Dentsply Prosthetics U.S. LLC, and DeguDent GmbH in the importation into the U.S. and sale of certain lithium silicate materials and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,047,021 and 8,444,756.  See our February 20, 2014 and March 24, 2014 posts for more details on the complaint and the Notice of Investigation, respectively.

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ALJ Gildea Denies Motion To Compel Expert Deposition In Certain Microphone Packages (337-TA-888)

By Eric Schweibenz
|
Apr
21
On April 17, 2014, ALJ E. James Gildea issued the public version of Order No. 33 (dated April 11, 2014) denying Complainant’s Motion to Compel Expert Deposition in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same that infringe, or that are made by a process that infringes, one or more claims of U.S. Patent Nos. 7,439,616, 8,018,049, and 8,121,331.  See our June 25, 2013 and July 24, 2013 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Gildea Denies Motion For Summary Determination Of Invalidity For Lack Of Written Description In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
Apr
21
On April 15, 2014, ALJ E. James Gildea issued Order No. 77 in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884).  In the Order, ALJ Gildea denied Respondents Toshiba Corp., Toshiba America, Inc., Toshiba American Information Systems, Inc., and Vizio, Inc.’s (collectively, “Respondents”) motion for summary determination that certain claims of U.S. Patent No. 8,144,158 (the ‘158 patent) are invalid for lack of written description.

Respondents argued that the claim terms “scan converter” and “scan convert data” in the ‘158 patent needed to be construed in accordance with how similar terms had been construed in the related U.S. Patent No. 6,650,327 (the ‘327 patent).  Respondents noted that the U.S. Court of Appeals for the Federal Circuit had previously construed the ‘327 terms to require that the claimed scan converter perform operations entirely in floating point.  Respondents therefore argued that the ‘158 claims also required that operations be performed entirely in floating point.  However, Respondents argued that if the ALJ were to construe the terms as not having this requirement, then the ‘158 patent lacks written description support for claims that include these terms because the specification allegedly does not provide support for a scan converter that does not operate entirely in floating point.

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ALJ Shaw Rules On Motion To Strike In Certain Point-To-Point Network Communication Devices (337-TA-892)

By Eric Schweibenz
|
Apr
22
On April 15, 2014, ALJ David P. Shaw issued Order No. 29 in Certain Point-to-Point Network Communication Devices and Products Containing the Same (Inv. No. 337-TA-892).  In the Order, ALJ Shaw granted-in-part and denied-in-part Respondents AmTRAN Logistics, Inc., AmTRAN Technology Co., Ltd., LG Electronics Inc., LG Electronics U.S.A., Inc., LG Electronics MobileComm U.S.A., Inc., Panasonic Corp., Panasonic Corp. of North America, Sony Corp., Sony Corp. of America, Sony Electronics Inc., Sony Mobile Communications AB, Sony Mobile Communications (USA) Inc., Sony Computer Entertainment, Inc., Sony Computer Entertainment America LLC, Toshiba Corp., Toshiba America Inc., Toshiba America Information Systems, Inc., and Vizio, Inc.’s (collectively, “Respondents”) motion to strike portions of Complainant Straight Path IP Group, Inc.’s (“Straight Path”) domestic industry contentions, as well as portions of the expert report of Straight Path’s expert Dr. Stuart Stubblebine.

According to the Order, Respondents sought to strike four categories of information:  (1) analysis and opinions relating to the VoiceLine terminal adapter product; (2) analysis regarding alleged infringement of the “caller process,” “callee process,” “associating,” and “querying” limitations under the doctrine of equivalents; (3) allegedly new infringement theories in Dr. Stubblebine’s report relating to Netflix and YouTube applications; and (4) citations to previously undisclosed Netflix deposition testimony.  Straight Path opposed Respondents’ motion.  The Commission Investigative Staff did not file a response to the motion.

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ALJ Bullock Sets 16-Month Target Date In Certain Hemostatic Products (337-TA-913)

By Eric Schweibenz
|
Apr
22
On April 22, 2014, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Hemostatic Products and Components Thereof (Inv. No. 337-TA-913).

By way of background, the investigation is based on a February 28, 2014 complaint filed by Baxter International Inc., Baxter Healthcare Corp., and Baxter Healthcare SA of Switzerland alleging violation of Section 337 by Johnson & Johnson Inc., Ethicon, Inc., Ferrosan Medical Devices A/S, and Packaging Coordinators, Inc. in the importation into the U.S. and sale of certain hemostatic products and components thereof that infringe one or more claims of U.S. Patent Nos. 8,303,981; 8,512,729; 6,066,325; 8,357,378; and 8,603,511.  See our March 5, 2014 and April 4, 2014 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Lord Designates Investigation “More Complicated” And Sets Procedural Schedule For Motion For Temporary Relief In Certain Sulfentrazone (337-TA-914)

By Eric Schweibenz
|
Apr
23
On April 22, 2014, ALJ Dee Lord issued Order No. 6 in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914).

By way of background, this investigation is based on a March 5, 2014 complaint filed by FMC Corp. (“FMC”) alleging violation of Section 337 in the importation into the U.S. and sale of certain certain sulfentrazone active ingredient and formulated sulfentrazone compositions made by a process that infringes one or more claims of U.S. Patent No. 7,169,952 (the ‘952 patent).  See our March 6, 2014 and April 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. 

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ALJ Pender Sets 15-Month Target Date In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Apr
25
On April 23, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Earpiece Devices Having Positioning And Retaining Structure and Components Thereof (Inv. No. 337-TA-912).

By way of background, the investigation is based on a February 26, 2014 complaint filed by Bose Corp. alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. in the importation into the U.S. and sale of certain earpiece devices having positioning and retaining structure and components thereof that infringe one or more claims of U.S. Patent No. 8,311,253.  See our February 27, 2014 and March 31, 2014 posts for more details on the complaint and Notice of Investigation, respectively. 

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ALJ Shaw Grants Motion To Terminate Investigation In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Apr
28
On April 22, 2014, ALJ David P. Shaw issued Order No. 35 in Certain Multiple Mode Outdoor Grills and Components Thereof (Inv. No. 337-TA-895). 

According to the Order, ALJ Shaw granted Complainants A&J Manufacturing, LLC and A&J Manufacturing, Inc. and Respondents Premier Brands, LLC and Wuxi Joyray International Corporation’s (collectively, the “Respondents”) joint motion to terminate the investigation as to the Respondents based on a consent order stipulation, proposed consent order, and confidential settlement agreement and mutual release and patent license agreement.

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ALJ Shaw Rules On Motion To Compel In Certain Standards Cell Libraries (337-TA-906)

By Eric Schweibenz
|
Apr
30
On April 21, 2014, ALJ David P. Shaw issued Order No. 15, in Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated Circuits (Inv. No. 337-TA-906).

According to the Order, Complainant Tela Innovations, Inc. (“Tela”) filed a motion to compel discovery from Respondents Taiwan Semiconductor Manufacturing Company, Ltd. and TSMC North America (collectively, “TSMC”).  Specifically, Tela sought an order compelling supplemental responses to certain interrogatories and requests for production.  Tela argued that TSMC was improperly limiting their discovery responses to only standard cell libraries, despite the Notice of Investigation stating that the scope of the investigation extends to “standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits.”

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ALJ Gildea Rules On Motions In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
May
02
On April 21, 2014, ALJ E. James Gildea issued the public versions of Order Nos. 71, 74, and 76 (dated April 1, 2014, April 2, 2014, and April 4, 2014, respectively) in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884).

By way of background, the investigation is based on a complaint filed by Graphics Properties Holding Inc. (“Complainant”) alleging a violation of Section 337 in the importation into the U.S., sale of importation into the U.S., or sale after importation into the U.S. of certain consumer electronics with display and processing capabilities that infringe one or more claims of U.S. Patent Nos. 6,650,327 (the ‘327 patent), 8,144,158 (the ‘158 patent), and 5,717,881 (the ‘881 patent) by numerous Respondents.  See our May 21, 2013 and June 24, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Shaw Rules On Motions For Summary Determination In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
May
06
On April 29, 2014, ALJ David P. Shaw issued the public version of Order Nos. 33 and 34 (both dated April 17, 2014) granting-in-part and denying, respectively, motions for summary determination of non-infringement in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

By way of background, this investigation is based on a complaint filed by A&J Manufacturing, LLC and A&J Manufacturing, Inc. (collectively, “A&J”) alleging violation of Section 337 by over 20 proposed respondents in the importation and sale of certain multiple mode outdoor grills and parts thereof that infringe one or more claims of U.S. Patent Nos. 8,381,712, D660,646 and D662,773.  See our August 22, 2013 and September 23, 2013 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Lord Issues Public Version Of Initial Determination In Certain Integrated Circuit Chips (337-TA-859)

By Eric Schweibenz
|
May
07
Further to our March 24, 2014 post, on April 21, 2014 ALJ Dee Lord issued the public version of the Initial Determination (“ID”) in Certain Integrated Circuit Chips and Products Containing the Same (Inv. No. 337-TA-859).  Due to the large size of the ID, we have split the document into part 1, part 2, part 3, and part 4.

By way of background, the investigation is based on a complaint filed by Realtek Semiconductor Corporation (“Realtek”) alleging violation of Section 337 in the importation into the U.S., sale for importation, or sale within the U.S. after importation of certain integrated circuit chips and products containing the same that infringe one or more of claims 1-22 of U.S. Patent No. 6,787,928 (the ‘928 patent) and claims 1-22 of U.S. Patent No. 6,963,226 (the ‘226 patent).  See our September 20, 2012 and October 22, 2012 posts for more details on Realtek’s complaint and the Notice of Investigation, respectively.  The respondents in the investigation are LSI Corporation and Seagate Technology (collectively, “Respondents”).  On January 30, 2013, former ALJ Robert K. Rogers, Jr. partially terminated the investigation with respect to the ‘226 patent.  See our February 1, 2013 post for more details. 

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ALJ Gildea Issues Claim Construction Order In Certain Silicon Microphone Packages And Products Containing Same (337-TA-888)

By Eric Schweibenz
|
May
09
On May 8, 2014, ALJ E. James Gildea issued the public version of Order No. 34 (dated April 15, 2014) in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same that infringe, or that are made by a process that infringes, one or more claims of U.S. Patent Nos. 7,439,616 (the ‘616 patent), 8,018,049 (the ‘049 patent), and 8,121,331 (the ‘331 patent).  See our June 25, 2013 and July 24, 2013 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Bullock Issues Notice Of Initial Determination In Certain Windshield Wipers (337-TA-881)

By Eric Schweibenz
|
May
09
On May 8, 2014, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination (“ID”) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-881). 

By way of background, this investigation was instituted by the ITC on June 11, 2013 based on a complaint filed by Federal-Mogul Corporation and Federal-Mogul S.A. alleging violation of Section 337 by Respondents Trico Corporation, Trico Products, and Trico Components SA de CV in the importation and/or sale of certain windshield wiper devices and components thereof that infringe claims 1-14 of U.S. Patent No. 8,347,449 (the ‘449 patent).  See our May 13, 2013 and June 10, 2013 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Shaw Terminates Investigation In Its Entirety In Certain Point-To-Point Network Communication Devices (337-TA-892)

By Eric Schweibenz
|
May
15
On May 12, 2014, ALJ David P. Shaw issued Order No. 37 in Certain Point-to-Point Network Communication Devices and Products Containing the Same (Inv. No. 337-TA-892).

In the Order, ALJ Shaw granted a motion filed by Complainant Straight Path IP Group, Inc. (“Straight Path”) to terminate the investigation in its entirety based on Straight Path’s withdrawal of the complaint.  According to the Order, the remaining Respondents Toshiba Corporation; Toshiba America Inc.; Toshiba America Information Systems, Inc.; Vizio, Inc.; LG Electronics Inc.; LG Electronics U.S.A., Inc.; and LG Electronics MobileComm U.S.A., Inc. did not oppose the motion.

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