ALJs

ALJ Gildea Issues Public Versions Of Various Discovery-Related Orders in Certain Silicon Microphone Packages (337-TA-888)

By Eric Schweibenz
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May
16
On May 8, 2014, ALJ Gildea issued the public versions of Order Nos. 35 (dated April 15, 2014), 36 (dated April 17, 2014), 39 (dated April 28, 2014), and 40 (dated April 28, 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; 8,018,049; and 8,121,331.  See our June 25, 2013and July 24, 2013posts for more details on the complaint and notice of investigation, respectively.

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ALJ Lord Denies Respondents’ Request For Adoption Of Early Claim Construction Procedure In Certain Television Sets (337-TA-910)

By Eric Schweibenz
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May
19
On May 9, 2014, ALJ Dee Lord issued Order No. 10 in Certain Television  Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910).

By way of background, this investigation is based on a January 28, 2014 complaint filed by Cresta Technology Corp. of Santa Clara, California (“Cresta”) alleging violation of Section 337 in the importation into the U.S. and sale of certain television sets, television receivers, television tuners, and components thereof that infringe one or more claims of U.S. Patent Nos. 7,075,585, 7,265,792, and 7,251,466.  See our January 30, 2014 and March 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Pender Denies Motion To Terminate Investigation Based On Lack Of Standing And Domestic Industry In Certain Wireless Devices, Including Mobile Phones And Tablets II (337-TA-905)

By Eric Schweibenz
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May
20
On May 15, 2014, ALJ Thomas B. Pender issued Order No. 12 (dated May 1, 2014) in Certain Wireless Devices, Including Mobile Phones and Tablets II (Inv. No. 337-TA-905).

By way of background, this investigation is based on a complaint filed by Pragmatus Mobile, LLC (“Pragmatus”) alleging violations of Section 337 in the importation into the U.S. and sale of certain wireless devices, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 8,149,124 and 8,466,795 (the “Asserted Patents”).  See our December 19, 2013 and January 23, 2014 posts for more details on the complaint and notice of investigation, respectively.  The Complaint alleges, inter alia, that Pragmatus holds all rights, title, and interest to the Asserted Patents by way of assignment from Hoffman Resources LLC.  However, the Complaint included a document that appeared to contradict the public assignment records.  Accordingly, after inquiry into the issue by the Commission Investigative Staff, Pragmatus submitted a supplemental assignment assigning “all right, title, and interest that exist today and may exist in the future” from Pragmatus LLC to Pragmatus Mobile.  The Commission instituted the investigation after Pragmatus’ supplemental assignment was submitted.

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ALJ Gildea Denies Motion for Summary Determination In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
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May
21
On May 9, 2014, ALJ Gildea issued the public version of Order No. 78 (dated April 18, 2014)  denying Complainant’s first motion for summary determination as to domestic industry and making certain undisputed fact findings pursuant to Commission Rule 210.18(e) in Certain Consumer Electronics With Display and Processing Capabilities (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; 8,144,158; and 5,717,881 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 Bullock Grants Motion To Quash Subpoena In Certain Antivenom Compositions (337-TA-903)

By Eric Schweibenz
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May
28
On May 20, 2014, ALJ Charles E. Bullock issued the public version of Order No. 22 (dated May 8, 2014) granting Novak Druce Connolly Bove + Quigg’s Motion to Quash Subpoena in Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903).

By way of background, the investigation is based on an October 20, 2013 complaint filed by BTG International Inc. (“BTG”) alleging violations of Section 337 in the importation into the U.S. and sale of certain antivenom compositions and products containing the same that infringe one or more claims of U.S. Patent No. 8,048,414.  See our November 1, 2013 post for more details on the complaint.  According to the Notice of Investigation, the Commission has identified a number of entities as the respondents in this investigation, including Laboratorios Silanes S.A. de C.V. and Instituto Bioclon S.A. de C.V. (collectively “Silanes”).  See our December 2, 2013 post for more details on the Notice of Investigation.

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

By Eric Schweibenz
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May
29
Further to our May 9, 2014 post, on May 20, 2014, Chief ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) finding a violation of Section 337 in Certain Windshield Wiper Devices and Components Thereof (Inv. No. 337-TA-881).

According to the ID, ALJ Bullock found that Respondents Trico Corporation, Trico Products, and Trico Components SA de CV (collectively, “Trico”) violated Section 337 based on the importation and/or sale of Ford F-Series and Chrysler 200 wiper blades that infringe claims 1 and 5 of U.S. Patent No. 8,347,449 (the ‘449 patent).  The Complainants in the investigation are Federal-Mogul Corporation and Federal-Mogul S.A. (collectively, “Federal-Mogul”).  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 Denies Motion For Summary Determination In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
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May
29
On May 27, 2014, ALJ David P. Shaw issued Order No. 40 denying a motion for summary determination of invalidity 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 Essex Grants Joint Motion To Terminate Investigation Between Apple And Motorola In Certain Mobile Devices (337-TA-750)

By Eric Schweibenz
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May
29
On May 28, 2014, ALJ Theodore R. Essex issued the public version of Order No. 22 in Certain Mobile Devices and Related Software (Inv. No. 337-TA-750).

According to the Order, ALJ Essex granted a joint motion filed by Complainant Apple, Inc. (“Apple”) and Respondent Motorola Mobility LLC (“Motorola”) to terminate the investigation.  The joint motion was based on a Settlement Agreement between Apple and Google Inc.  – the parent company of Motorola – which “eliminates the dispute between Apple and Motorola that is the subject matter of this Investigation.”

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ALJ Pender Sets 16-Month Target Date In Certain Set-Top Boxes, Gateways, Bridges And Adapters (337-TA-915)

By Eric Schweibenz
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May
30
On May 29, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Set-Top Boxes, Gateways, Bridges And Adapters and Components Thereof (Inv. No. 337-TA-915).

By way of background, the investigation is based on an April 17, 2014 complaint filed by ViXS Systems, Inc. and ViXS USA, Inc. alleging violation of Section 337 by Entropic Communications, Inc., DirecTV, LLC, Wistron NeWeb Corp., and CyberTAN Technology, Inc. by way of importation into the U.S. and sale of certain set-top boxes, gateways, bridges and adapters and components thereof infringe one or more claims of U.S. Patent Nos. 7,301,900, 7,099,951, 7,200,855, and 7,406,598.  See our April 18, 2014 post for more details on ViXS’s complaint and our May 19, 2014 post for more details on the Notice of Investigation.

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ALJ Pender Sets Date For Markman Hearing In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
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Jun
03
On May 30, 2014, ALJ Thomas B. Pender issued Order No. 5 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. (“Bose”) alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. (collectively, “Monster”) 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 Bullock Issues Claim Construction Order In Certain Antivenom Compositions (337-TA-903)

By Eric Schweibenz
|
Jun
05
On June 3, 2014, Chief ALJ Charles E. Bullock issued the public version of Order No. 23 (dated May 21, 2014) in Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903).  In the Order, ALJ Bullock construed various claim terms in the asserted U.S. Patent No. 8,048,414 (the ‘414 patent).

By way of background, the investigation is based on an October 20, 2013 complaint filed by BTG International Inc. (“BTG”) alleging violations of Section 337 in the importation into the U.S. and sale of certain antivenom compositions and products containing the same that infringe one or more claims of the ‘414 patent.  See our November 1, 2013 and December 2, 2013 posts for more details on the complaint and the Notice of Investigation, respectively.  The remaining Respondents are Laboratorios Silanes S.A. de C.V., Instituto Bioclon S.A. de C.V., The Silanes Group, and Rare Disease Therapeutics, Inc. (collectively, “Respondents”).  A Markman hearing was held in the investigation on April 10, 2014. 

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ALJ Essex Grants-In-Part Motion To Strike Invalidity Contentions In Certain Windshield Wipers (337-TA-902)

By Eric Schweibenz
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Jun
06
On June 3, 2014, ALJ Theodore R. Essex issued the public version of Order No. 9 (dated May 5, 2014) granting-in-part Complainant Trico Products Corp.’s (“Trico”) motion to strike the invalidity contentions of Respondents Federal-Mogul Corp. and Federal-Mogul S.A. (collectively, “Federal-Mogul”) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-902).

By way of background, this investigation is based on an October 21, 2013 complaint filed by Trico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 6,836,925 and 6,799,348.  See our October 22, 2013 and November 25, 2013 posts for more details on the complaint and the Notice of Investigation, respectively.

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ALJ Essex Denies Motion To Compel Production Of Documents In Certain Windshield Wipers (337-TA-902)

By Eric Schweibenz
|
Jun
09
On June 3, 2014, ALJ Theodore R. Essex issued the public version of Order No. 11 (dated May 19, 2014) denying Complainant Trico Products Corp.’s (“Trico”) motion to compel Respondents Federal-Mogul Corp. and Federal-Mogul SA (collectively, “Federal-Mogul”) to produce documents in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-902).

According to the Order, Trico sought to compel Federal-Mogul to conduct a search of its European-based employees and produce documents responsive to Trico’s discovery requests in light of deposition testimony of five such employees who stated that either they were not asked to collect documents, or were asked to collect only a limited set of test results.  Federal-Mogul sought to use documents from Investigation No. 337-TA-881 involving the same parties to satisfy Trico’s discovery requests in this investigation, but Trico argued that those documents are not detailed enough because (1) the accused products in this investigation were only at issue in the 881 Investigation with respect to domestic industry; and (2) the 881 Investigation concerned the wiper blade spoiler, while this investigation deals with the flexor and connecting devices on the wiper blade.  Thus, according to Trico, a new document search related to the flexor and connector is necessary.

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ALJ Essex Grants Joint Motion To Terminate Investigation As To Samsung in Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)

By Eric Schweibenz
|
Jun
10
On June 9, 2014, ALJ Theodore R. Essex issued Order No. 114 in Certain Wireless Devices With 3G And/Or 4G Capabilities And Components Thereof (Inv. 337-TA-868).

By way of background, the investigation in this matter is based on a January 2, 2013 complaint filed by InterDigital Communications, Inc., InterDigital Technology Corporation, IPR Licensing, Inc., and InterDigital Holdings, Inc. (“InterDigital”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless devices with 3G and/or 4G capabilities and components thereof that infringe one or more claims of U.S. Patent Nos. 7,190,966 (the ‘966 patent); 7,286,847 (the ‘847 patent); 8,009,636; 7,706,830; 7,941,151; 7,616,970 and 7,502,406.  See our January 3, 2013 and February 1, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Pender Denies Early Summary Determination Motion In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Jun
11
On June 3, 2014, ALJ Thomas B. Pender issued Order No. 6 in Certain Earpiece Devices Having Positioning and Retaining Structure and Components Thereof (Inv. No. 337-TA-912).

By way of background, this investigation is based on a February 26, 2014 complaint filed by Bose Corp. (“Bose”) alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. by way of 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 Bose’s complaint and the Notice of Investigation, respectively.

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ALJ Pender Issues Claim Construction Order In Certain Wireless Devices, Including Mobile Phones and Tablets II (337-TA-905)

By Eric Schweibenz
|
Jun
12
On June 3, 2014, ALJ Thomas B. Pender issued Order No. 14 (dated June 2, 2014) in Certain Wireless Devices, Including Mobile Phones and Tablets II (Inv. No. 337-TA-905).

By way of background, this investigation is based on a complaint filed by Pragmatus Mobile, LLC (“Pragmatus”) alleging violations of Section 337 in the importation into the U.S. and sale of certain wireless devices, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 8,149,124 (the ’124 patent) and 8,466,795 (the ’795 patent).  See our December 19, 2013 and January 23, 2014 posts for more details on the complaint and notice of investigation, respectively.

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