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Claim Construction

ALJ Gildea Sets Markman Hearing In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
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Sep
20
On September 14, 2011, ALJ E. James Gildea issued Order No. 37 in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices and Components and Products Containing Same (Inv. No. 337-TA-773).

In the Order, ALJ Gildea set October 17, 2011 as the date for the Markman hearing determining that “an early Markman hearing would be useful in this Investigation.”  ALJ Gildea’s Order also included a revised procedural schedule and the rules governing the Markman briefing and hearing.
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ALJ Bullock Issues Claim Construction Order In Certain Static Random Access Memories (337-TA-792)

By Eric Schweibenz
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Feb
17
On February 9, 2012, Chief ALJ Charles E. Bullock issued Order No. 29 construing terms of the asserted claims in Certain Static Random Access Memories and Products Containing Same (Inv. No. 337-TA-792).

By way of background, this investigation was instituted on July 28, 2011 after Cypress Semiconductor Corp. (“Cypress”) filed a complaint naming as respondents GSI Technology, Inc.; Telefonaktiebolaget LM Ericcson; Ericcson Inc.; Motorola Mobility, Inc.; Motorola Solutions, Inc.; Tellabs, Inc.; Cisco Systems, Inc.; Avnet, Inc.; and Hewlett-Packard Company/Tipping Point (collectively, the “Respondents”).  The patents at issue are U.S. Patent Nos. 6,534,805 (“the ‘805 patent”); 6,651,134 (“the ‘134 patent”); 7,142,477 (“the ‘477 patent”); and 6,262,937 (“the ‘937 patent”).  A Markman hearing was held on October 14, 2011 regarding the interpretation of the claim terms discussed below.
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ALJ Gildea Issues Claim Construction Order In Certain Equipment For Communications Networks (337-TA-778)

By Eric Schweibenz
|
Mar
01
On February 23, 2012, ALJ E. James Gildea issued the public version of Order No. 21 (dated February 14, 2012) construing the claim terms of the patents at issue in Certain Equipment for Communications Networks, including Switches, Routers, Gateways, Bridges, Wireless Access Points, Cable Modems, IP Phones, and Products Containing Same(Inv. No. 337-TA-778).

By way of background, this investigation was instituted by the Commission on June 16, 2011 after MOSAID Technologies Inc. (“MOSAID”) filed a complaint naming as respondents Cisco Systems, Inc., Cisco Consumer Products LLC, Cisco Systems International B.V., and Scientific Atlanta LLC (collectively, “Cisco”).  See our May 20, 2011 post for details about the complaint.  The patents at issue are U.S. Patent Nos. 5,841,360 (“the ‘360 patent”), 6,842,459 (“the ‘459 patent”), 7,633,966 (“the ‘966 patent”), 7,035,280 (“the ‘280 patent”), 7,292,600 (“the ‘600 patent”) and 7,830,858 (“the ‘858 patent”).  A Markman hearing was held on September 25 and 26, 2011 regarding the interpretation of the claim terms discussed below.
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ALJ Bullock Issues Claim Construction Order in Certain Digital Televisions (337-TA-789)

By Eric Schweibenz
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Apr
19
On March 14, 2012, Chief ALJ Charles E. Bullock issued the public version of Order No. 32 (dated March 1, 2012) in Certain Digital Televisions and Components Thereof (Inv. No. 337-TA-789).  In the Order, ALJ Bullock construed various claim terms in connection with the asserted U.S. Patent Nos. 5,511,096 (the ‘096 patent), 5,621,761 (the ‘761 patent), 5,703,887 (the ‘887 patent), 5,745,522 (the ‘522 patent), and 5,511,082 (the ‘082 patent).

By way of background, the Complainant in this investigation is Vizio Inc. (“Vizio”) and the Respondents are Coby Electronics Corp., Curtis International Ltd., ON Corp US, Inc., Renesas Electronics Corp., Renesas Electronics America, Inc., Seceptre, Inc., and Westinghouse Digital, LLC (collectively, the “Respondents”).  See our July 15, 2011 post for more details about this investigation.
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ALJ Bullock Issues Claim Construction Order In Certain Digital Televisions And Components Thereof (337-TA-806)

By Eric Schweibenz
|
Apr
19
On April 13, 2012, Chief ALJ Charles E. Bullock issued Order No. 6 construing certain terms of the asserted claims in Certain Digital Televisions and Components Thereof  (Inv. No. 337-TA-806).

By way of background, this investigation was instituted by the Commission on September 12, 2011 after Renesas Electronics Corporation and 511 Technologies, Inc. (collectively, “Renesas”) filed a complaint naming Vizio, Inc. (“Vizio”) as Respondent.  See our August 15, 2011 post for more details about the complaint.  The patents at issue are U.S. Patent Nos. 7,199,432 (the ‘432 patent) and 6,531,400 (the ‘400 patent).  A Markman hearing was held on February 2, 2012 regarding the interpretation of the claim terms discussed below.
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ALJ Pender Issues Claim Construction Order In Certain Light-Emitting Diodes (337-TA-785)

By Eric Schweibenz
|
Apr
20
On April 16, 2012, ALJ Thomas B. Pender issued Order No. 26 in Certain Light-Emitting Diodes and Products Containing Same (Inv. No. 337-TA-785).  In the Order, ALJ Pender construed various claim terms in the asserted U.S. Patent Nos. 7,078,732 (the ‘732 patent), 6,812,500 (the ‘500 patent), 7,126,162 (the ‘162 patent), 7,629,621 (the ‘621 patent), 6,459,130 (the ‘130 patent), 6,927,469 (the ‘469 patent), 7,199,454 (the ‘454 patent), and 7,427,806 (the ‘806 patent).

By way of background, the Complainant in this investigation is OSRAM GmbH (“OSRAM”) and the Respondents are Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung LED Co., Ltd., and Samsung LED America, Inc. (collectively, “Samsung”), and LG Electronics, Inc., LG Innotek Co., Ltd., LG Electronics U.S.A., Inc., and LG Innotek U.S.A., Inc. (collectively, “LG”).  The Commission Investigative Staff is not a party.  See our July 7, 2011 post for more details on this investigation.  A Markman hearing was held on January 4-5, 2012.
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ALJ Gildea Issues Claim Construction Order In Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794)

By Eric Schweibenz
|
May
30
On May 16, 2012, ALJ E. James Gildea issued the public version of Order No. 63 (dated May 10, 2012) construing disputed terms of the asserted patent claims at issue in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794).

By way of background, the investigation is based on a complaint filed by Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”) alleging violation of Section 337 by Respondent Apple Inc. (“Apple”) in the importation and sale of certain electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers that infringe one or more claims of U.S. Patent Nos. 7,706,348 (“the ‘348 patent”), 7,486,644 (“the ‘644 patent”), 6,771,980 (“the ‘980 patent”), 6,879,843 (“the ‘843 patent”) and 7,450,114 (“the ‘114 patent”).  See our August 1, 2011 post for more details on this investigation.  A Markman hearing was held on January 10 and 11, 2012.
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ALJ Pender Issues Claim Construction Order In Certain Electronic Devices With Communication Capabilities (337-TA-808)

By Eric Schweibenz
|
Jun
20
On June 18, 2012, ALJ Thomas B. Pender issued Order No. 16 construing terms of the asserted patent claims in Certain Electronic Devices With Communication Capabilities, Components Thereof, and Related Software(Inv. No. 337-TA-808).

By way of background, this investigation was instituted by the Commission on September 27, 2011 after HTC Corp. (“HTC”) filed a complaint naming Apple Inc. (“Apple”) as Respondent.  See our August 17, 2011 post for more details about the complaint.  The patents that remain at issue in this investigation are U.S. Patent Nos. 7,417,944 (the ‘944 patent), 7,672,219 (the ‘219 patent), and 7,765,414 (the ‘414 patent).  A Markman hearing was held on April 26-27, 2012 regarding the interpretation of the claim terms discussed below.
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ALJ Gildea Issues Claim Construction Order In Certain Portable Electronic Devices (337-TA-797)

By Eric Schweibenz
|
Jul
31
On July 23, 2012, ALJ E. James Gildea issued the public version of Order No. 57 (dated June 26, 2012) construing the disputed terms of the asserted claims in Certain Portable Electronic Devices and Related Software(Inv. No. 337-TA-797).

By way of background, the investigation is based on a July 8, 2011 complaint filed by Apple alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and related software that infringe certain claims of U.S. Patent Nos. 7,844,915 (the ‘915 patent), 7,469,381 (the ‘381 patent), 7,084,859 (the ‘859 patent), RE 42,738 (the ‘738 patent), and 7,920,129 (the ‘129 patent).  The respondents in this investigation are HTC Corp., HTC America, Inc., and Exedea, Inc.  (collectively, “HTC”).  See our July 11, 2011 post for more details.
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ALJ Gildea Issues Claim Construction Order In Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803)

By Eric Schweibenz
|
Sep
17
On August 21, 2012, ALJ E. James Gildea issued the public version of Order No. 65 (dated August 8, 2012) construing the disputed terms of the asserted claims in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-803).

By way of background, this investigation is based on a July 12, 2011 complaint filed on behalf of Intellectual Ventures Management, LLC, Invention Investment Fund I, L.P., Invention Investment Fund II, LLC, Intellectual Ventures I LLC, and Intellectual Ventures II LLC (collectively, “IV”), against several manufacturers, distributors, and retailers of DRAM and NAND Flash memory devices for alleged infringement of U.S. Patent Nos. 5,654,932 (the ‘932 patent); 5,963,481 (the ‘481 patent); 5,982,696 (the ‘696 patent); 5,500,819 (the ‘819 patent); and 5,687,132 (the ‘132 patent).  See our September 9, 2011 post for more details on the investigation.
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ALJ Gildea Issues Claim Construction Order In Certain Semiconductor Chips With DRAM Circuitry (337-TA-819)

By Eric Schweibenz
|
Jan
07
On December 19, 2012, ALJ E. James Gildea issued the public version of Order No. 17 (dated December 6, 2012) construing the disputed terms of the asserted claims in Certain Semiconductor Chips with DRAM Circuitry, and Modules and Products Containing Same (Inv. No. 337-TA-819).

By way of background, the investigation is based on a complaint filed by Elpida Memory, Inc and Elpida Memory (USA) Inc. (collectively, “Elpida”) alleging violation of Section 337 by respondents Nanya Technology Corporation and Nanya Technology Corporation U.S.A. (collectively, “Nanya”) in the importation into the U.S. and sale of certain semiconductor chips with DRAM circuitry, and modules and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,150,689 (the ‘689 patent), 6,635,918 (the ‘918 patent), 6,555,861, 7,659,571 (the ‘571 patent), 7,713,828, 7,495,453 (the ‘453 patent), and 7,906,809 (the ‘809 patent).  See our November 16, 2011 post for more details.  A Markman hearing was held on August 29, 2012.
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ALJ Bullock Issues Claim Construction Order In Certain Ink Application Devices (337-TA-832)

By Eric Schweibenz
|
Feb
12
On February 8, 2013, Chief ALJ Charles E. Bullock issued Order No. 21 construing the disputed terms of the asserted claims in Certain Ink Application Devices and Components Thereof and Methods of Using Same (Inv. No. 337-TA-832).

By way of background, the investigation is based on a complaint filed by MT. Derm GmbH and Nouveau Cosmetique USA, Inc. (collectively, “Complainants”) alleging violation of Section 337 by respondent T-Tech Tattoo, Inc. (“T-Tech”) in the importation into the U.S. and sale of certain ink application devices that infringe one or more claims of U.S. Patent No. 6,505,530  (the ‘530 patent).  See our March 2, 2012 post for more details on this investigation.  A Markman hearing was held on January 4, 2013.
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ITC Issues Public Version Of Opinion In Certain Wiper Blades (337-TA-816)

By Eric Schweibenz
|
Mar
08
On March 4, 2013, the International Trade Commission (the “Commission”) issued the public version of its opinion (dated March 1, 2013) in Certain Wiper Blades (Inv. No. 337-TA-816).

By way of background, Chief ALJ Charles E. Bullock issued Order No. 63 granting Respondents Corea Autoparts Producing Corporation, CAP America, and PIAA Corporation USA’s (collectively, “CAP”) motion for summary determination of non-infringement of all asserted claims of U.S. Patent No. 6,675,434 for the accused CAP wiper blades.  See our February 20, 2013 post for more details.
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ALJ Pender Issues Claim Construction Order In Certain Electronic Devices, Including Mobile Phones And Tablet Computers (337-TA-847)

By Eric Schweibenz
|
Apr
01
On March 21, 2013, ALJ Thomas B. Pender issued Order No. 8 construing the disputed terms of the asserted patent claims in Certain Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof (Inv. No. 337-TA-847).

By way of background, the investigation is based on a complaint filed by Nokia; Nokia, Inc.; and Intellisync Corporation (collectively, “Nokia”) alleging violation of Section 337 by HTC; HTC America, Inc.; and Exedea, Inc. (collectively, “HTC”) in the importation into the U.S. and sale of certain electronic devices that infringe one or more claims of U.S. Patent Nos. 5,570,369; 5,884,190 (the ‘190 patent); 6,141,664 the ‘664 patent); 6,393,260; 6,728,530; 7,106,293 (the ‘293 patent); 7,209,911 (the ‘911 patent); 7,366,529; and 7,415,247 (the ‘247 patent).  See our June 7, 2012 post for more details on this investigation.  On August 7, 2012, Google, Inc. (“Google”) was granted status as an Intervenor, but denied status as a respondent.  See our August 10, 2012 post for more details.  A Markman hearing was held on January 22–23, 2013.
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ALJ Bullock Issues Supplemental Claim Construction Order in Certain Wiper Blades (337-TA-816)

By Eric Schweibenz
|
Jun
20
On June 12, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 69 (dated May 22, 2013) construing certain disputed terms in Certain Wiper Blades (Inv. No. 337-TA-816).

By way of background, the investigation is based on a complaint filed by Robert Bosch LLC (“Bosch”) alleging violation of Section 337 in the importation and sale of certain “flat” or “beam-type” wiper blade devices that infringe one or more claims of the asserted patents.  See our October 27, 2011 post for more details.  On August 31, 2012, a Markman order issued finding certain terms of the asserted patents indefininte.  Thus, the ALJ declined to construe all of the disputed terms contained within those claims.  Following these findings, as explained in our October 5, 2012 post, ALJ Bullock granted summary determination of invalidity and noninfringement as to certain of the remaining asserted claims.  The Commission determined to review these summary judgment orders and the claim constructions they turned upon resulting in a reversal of ALJ Bullock’s findings of indefiniteness.  See our April 29, 2013 post for more details.  Accordingly, Order No. 69 provides claim constructions for those limitations of U.S. Patent Nos. 6,836,926 (the ‘926 patent) and 6,973,698 (the ‘698 patent) not previously construed by ALJ Bullock in his original Markman order.
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ALJ Pender Issues Claim Construction Order In Certain Cases For Portable Electronic Devices (337-TA-861/867)

By Eric Schweibenz
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Jul
09
On July 8, 2013, ALJ Thomas B. Pender issued Order No. 13 in Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-861/867).  In the Order, ALJ Pender construed various claim terms in the asserted U.S. Patent No. 8,204,561 (the ‘561 patent).

By way of background, the Complainant in this investigation is Speculative Product Design, LLC (“Speck”) and the Respondents are Anbess Electronics Co. Ltd., BodyGlove International, LLC (“BodyGlove”), Fellowes, Inc. (“Fellowes”), ROCON Digital Technology Corp., SW-Box.com, Trait Technology (Shenzhen) Co., Ltd., Hongkong Wexun Ltd., En Jinn Industrial Co. Ltd., Shengda Huanqiu Shijie, Global Digital Star Industry, Ltd., JWIN Electronics Corp. d/b/a iLuv, Project Horizon, Inc. d/b/a InMotion Entertainment, Superior Communications, Inc. d/b/a PureGear (“Superior”), and Jie Sheng Technology.  The Commission Investigative Staff (“OUII”) is also a party to the investigation.  A Markman hearing was held on May 13, 2013.  The Order states that Speck, Fellowes, BodyGlove, Superior, and OUII participated in the hearing and submitted briefing on the disputed claim terms.
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ALJ Gildea Issues Claim Construction Order In Certain Wireless Communications Equipment (337-TA-866)

By Eric Schweibenz
|
Aug
20
On August 14, 2013, ALJ James E. Gildea issued the public version of Order No. 38 (dated August 7, 2013) in Certain Wireless Communications Equipment and Articles Therein (Inv. No. 337-TA-866), construing numerous terms in the asserted patents.  Due to its large size, the Order has been split into part 1, part 2, and part 3.

By way of background, the investigation is based on a complaint filed by Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”) alleging violation of Section 337 in the importation into the U.S. and sale of wireless communication equipment that infringes one or more claims of U.S. Patent Nos. 7,782,749 (the ‘749 patent); 8,165,081 (the ‘081 patent); 8,208,438 (the ‘438 patent); 8,228,827 (the ‘827 patent); 6,617,929 (the ‘929 patent); 6,767,813 (the ‘813 patent); and 6,865,682 (the ‘682 patent).  The Respondents are Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”).  See our January 29, 2013 post for more details on this investigation.  The investigation has since been terminated with respect to the ‘813 patent.
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ALJ Bullock Issues Claim Construction Order In Certain Windshield Wipers (337-TA-881)

By Eric Schweibenz
|
Oct
02
On September 27, 2013, Chief ALJ Charles E. Bullock issued Order No. 11 construing the disputed terms of the asserted claims 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. (collectively, “FM”) alleging violation of Section 337 by Respondents Trico Corporation, Trico Products, and Trico Components SA de CV (collectively, “Trico”) 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 Pender Issues Claim Construction Order In Certain Opaque Polymers (337-TA-883)

By Eric Schweibenz
|
Jan
09
On January 2, 2014, ALJ Thomas B. Pender issued the public version of Order No. 13 construing the disputed claim terms from the asserted patents in Certain Opaque Polymers (Inv. No. 337-TA-883).

By way of background, the investigation is based on a complaint filed by Rohm and Haas Company, Rohm and Haas Chemicals, and The Dow Chemical Company (collectively, “Dow”) alleging violation of Section 337 in the importation into the U.S. and sale of certain opaque polymers that infringe one or more claims of U.S. Patent Nos. 6,020,435 (the ‘435 patent); 6,252,004 (the ‘004 patent); 7,435,783; and 7,803,878.  See our May 22, 2013 and June 20, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Pender Issues Claim Construction Order in Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
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Jan
22
On January 16, 2014, ALJ Thomas B. Pender issued Order No. 8 construing the disputed claim terms of the asserted patents in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

By way of background, the investigation is based on a complaint filed by ResMed Corporation, ResMed Incorporated, and ResMed Limited (collectively, “ResMed”) alleging violation of Section 337 by BMC Medical Co., Ltd., 3B Medical, inc, and 3B Products, L.L.C. (collectively, “Respondents”) in the importation and/or sale of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,997,267 (the ‘267 patent), 7,614,398 (the ‘398 patent), 7,928,116 (the ‘116 patent), 7,341,060 (the ‘060 patent), 8,312,883 (the ‘883 patent), 7,178,527 (the ‘527 patent), 7,950,392 (the ‘392 patent), and 7,926,487 (the ‘487 patent).  See our July 22, 2013 and August 20, 2013 posts for more details on ResMed’s complaint and the Notice of Investigation, respectively. 
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The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important ITC issues. These postings are in no way representative of the opinions of the Oblon firm, or its clients, but rather the personal views of the individual authors.