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Initial Determinations

ALJ Gildea Issues Public Version Of Initial Determination Finding No Violation of Section 337 In Certain Reduced Ignition Proclivity Cigarette Wrappers (337-TA-756)

By Eric Schweibenz
|
Feb
29
On February 17, 2012, ALJ E. James Gildea issued the public version of the Initial Determination (“ID”) (dated February 1, 2012) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).  Due to the size of the ID, we have split the file into part 1 and part 2.   

By way of background, the investigation is based on a December 17, 2010 complaint and supplemental filings by Schweitzer-Mauduit International, Inc. (“Schweitzer”) alleging violation of Section 337 after importation of certain reduced ignition proclivity cigarette paper wrappers and products containing same by reason of infringement of U.S. Patent Nos. 6,725,867 (the ‘867 patent) and 5,878,753 (the ‘753 patent).  See our December 20, 2010 post for more details.  The respondents remaining in this investigation are Julius Glatz GmbH, LIPtec GmbH, and KneX Worldwide LLC (collectively, “Glatz”).
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ALJ Essex Issues Initial Determination In Certain Semiconductor Chips (337-TA-753)

By Eric Schweibenz
|
Mar
07
On March 2, 2012, ALJ Theodore R. Essex issued a notice regarding the Initial Determination (“ID”) in Certain Semiconductor Chips and Products Containing Same (Inv. No. 337-TA-753).

By way of background, the Complainant in this investigation is Rambus, Inc. and the remaining Respondents are Audio Partnership PLC, Cisco Systems, Inc., NVIDIA Corporation, Mediatek, Inc., Oppo Digital, Inc., Asustek Computer Inc., Asus Computer International Inc., Biostar Microtech (U.S.A.) Corp., Biostar Microtech International Corp., Elitegroup Computer Systems, EVGA Corporation, Galaxy Micro Systems Ltd., Garmin International, G.B.T. Inc., Giga-byte Technology Co., Ltd., Gracom Technologies LLC, Hewlett-Packard Company, Hitachi Global Storage Technologies, Jaton Corporation, Jaton Technology TPE, Micro-Star International Co., Ltd., MSI Computer Corporation, Palit Microsystems Ltd., Pine Technology Holdings, Ltd., Sparkle Computer Co., Ltd., Nala Sales, Inc. f/k/a Zotac USA, Inc., Zotac International (MCO), Ltd., LSI Corporation, Seagate Technology, STMicroelectronics N.V., STMicroelecronics, Inc., and Motorola Mobility Inc.
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ALJ Shaw Issues Initial Determination In Certain Gaming And Entertainment Consoles (337-TA-752)

By Eric Schweibenz
|
Apr
26
On April 23, 2012, ALJ David P. Shaw issued a notice regarding the Initial Determination (“ID”) in Certain Gaming And Entertainment Consoles, Related Software, And Components Thereof (Inv. No. 337-TA-752).

By way of background, the investigation is based on a November 22, 2010 complaint filed by Motorola Mobility, Inc. alleging that Microsoft Corp. (“Microsoft”) violated Section 337 by infringing various patents.  The complaint named certain models of Microsoft’s popular Xbox product as infringing devices.  See our November 24, 2010 post for more details.
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ALJ Pender Issues Initial Determination In Certain Wireless Communication Devices (337-TA-745)

By Eric Schweibenz
|
May
01
On April 24, 2012, ALJ Thomas B. Pender issued a notice regarding the Initial Determination (“ID”) in Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers, and Components Thereof (337-TA-745).

By way of background, the investigation is based on a complaint filed by Motorola Mobility, Inc. alleging violation of Section 337 by Respondent Apple, Inc. (“Apple”) in the importation into the U.S. and sale of certain wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe certain U.S. Patents.  See our October 8, 2010 post for more details.
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ALJ Rogers Issues Notice Of Initial Determination In Certain Polyimide Films (337-TA-772)

By Eric Schweibenz
|
May
10
On May 10, 2012, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Polyimide Films, Products Containing Same, and Related Methods (Inv. No. 337-TA-772).

By way of background, the Complainant in this matter is Kaneka Corporation of Japan and the Respondents are SKC Kolon PI, Inc. of South Korea and SKC Inc. of Covington, Georgia (collectively, “SKC”).
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ALJ Shaw Issues Public Version Of Initial Determination Finding A Violation Of Section 337 By Microsoft In Certain Gaming And Entertainment Consoles (337-TA-752)

By Eric Schweibenz
|
May
24
Further to our April 26, 2012 post, on May 11, 2012, ALJ David P. Shaw issued the public version of his Initial Determination (“ID”), finding a violation of Section 337 in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (Inv. No. 337-TA-752).  Please note that due to the size of the ID, we have split the file into six parts which can be found here:  part 1, part 2, part 3, part 4, part 5, and part 6.   

In the ID, ALJ Shaw determined that a violation of Section 337 occurred in this investigation by Microsoft by reason of infringement of certain valid claims of U.S. Patent Nos. 5,357,571 (the ‘571 patent); 6,069,896 (the ‘896 patent); 6,980,596 (the ‘596 patent); and 7,162,094 (the ‘094 patent).  ALJ Shaw further determined that the domestic industry requirement is satisfied with respect to all asserted patents. 
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ALJ Pender Issues Public Version Of Initial Determination Finding A Violation Of Section 337 In Certain Wireless Communication Devices (337-TA-745)

By Eric Schweibenz
|
May
31
On May 16, 2012, ALJ Thomas B. Pender issued the public version of the Initial Determination (“ID”) (dated April 24, 2012) in Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers, and Components Thereof (Inv. No. 337-TA-745).  Due to the size of the ID, we have split the file into part 1 and part 2. 

By way of background, the investigation is based on an October 2, 2010 complaint filed by Motorola Mobility, Inc. (“Motorola”), alleging violation of Section 337 by Respondent Apple, Inc. (“Apple”) in the importation into the U.S. and sale of certain wireless communication devices, portable music and data processing devices, computers, and components thereof that infringe U.S. Patent Nos. 5,636,223 (the ‘223 patent), 6,246,697 (the ‘697 patent), 6,246,862 (the ‘862 patent), 6,272,333 (the ‘333 patent), 5,359,317 (the ‘317 patent), and 7,751,826 (the ‘826 patent).  See our October 8, 2010 post for more details.  Following the institution of this proceeding, Motorola moved to terminate the investigation with respect to the ‘317 and ‘826 patents.
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ALJ Bullock Issues Notice Of Initial Determination In Certain Automated Media Library Devices (337-TA-746)

By Eric Schweibenz
|
Jun
21
On June 20, 2012, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Automated Media Library Devices(Inv. No. 337-TA-746). 

By way of background, the Complainant in this matter is Overland Storage, Inc. and the Respondents are BDT AG, BDT-Solutions GmbH & Co. KG, BDT Products, Inc., BDT Automation Technology (Zhuhai FTZ) Co., Ltd., and BDT de México, S. de R.L. de C.V. (collectively, “BDT”).
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ALJ Rogers Issues Public Version Of Initial Determination In Certain Polyimide Films (337-TA-772)

By Eric Schweibenz
|
Jun
25
Further to our May 10, 2012 post, on June 11, 2012, ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID”) (dated May 10, 2012) in Certain Polyimide Films, Products Containing Same, and Related Methods (Inv. No. 337-TA-772).  Due to its size, we have broken the ID into part 1, part 2, part 3, part 4, part 5, and part 6. 

By way of background, the Commission instituted this investigation on April 28, 2011.  The Complainant is Kaneka Corporation (“Kaneka”) and the Respondents are SKC Kolon PI, Inc. (“SKPI”) and SKC, Inc. (collectively, “SKC”).  The Commission Investigative Staff (“OUII”) did not participate in the investigation.  See our June 15, 2012 post for more details on the reduction of OUII’s role in Section 337 investigations. 
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ALJ Essex Issues Notice Of Initial Determination In Certain Protective Cases (337-TA-780)

By Eric Schweibenz
|
Jul
03
On June 29, 2012, ALJ Theodore R. Essex issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Protective Cases and Components Thereof(Inv. No. 337-TA-780).

By way of background, the Complainant in this matter is Otter Products, LLC (“Otter”).  The following Respondents have defaulted in the investigation:  Anbess Electronics Co., Ltd., Guangzhou Evotech Industry Co., Ltd., Hoffco Brands, Inc. d/b/a Celltronix, Hong Kong HJJ Co., Ltd., Sinatech Industrial Co., Ltd., Suntel Global Investment Ltd., Trait Technology (Shenzhen) Co., Ltd., Papaya Holdings Ltd., Quanyun Electronics Co., Ltd., Topter Technology Co., Ltd., Cellet Products, TheCaseSpace, MegaWatts, Hypercel Corporation d/b/a Naztech Technologies, Shenzhen Star & Way Trade Co., Ltd., SmileCase, TheCaseInpoint.com, and National Cellular (collectively, the “Defaulting Respondents”).  Griffin Technology, Inc. (“Griffin”) is another Respondent.
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ALJ Rogers Issues Initial Determination In Certain Integrated Circuits (337-TA-786)

By Eric Schweibenz
|
Jul
16
On July 12, 2012, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions (Inv. No. 337-TA-786). 

By way of background, the investigation is based on a complaint filed by Complainant Freescale Semiconductor, Inc. (“Freescale”) alleging violation of Section 337 in the importation into the U.S., sale for importation, and/or sale within the U.S. after importation of certain integrated circuits, integrated circuit chipsets, and products containing the same, including televisions, that infringe one or more claims of U.S. Patent No. 5,467,455.  See our December 2, 2011 post for more details.  The remaining respondents in this investigation are MediaTek Inc. and Zoran Corp.  
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ALJ Essex Issues Public Version Of Initial Determination Finding Violation of Section 337 In Certain Protective Cases (337-TA-780)

By Eric Schweibenz
|
Jul
18
On July 10, 2012, ALJ Theodore R. Essex issued the public version of the Initial Determination (“ID”) finding a violation of Section 337 in Certain Protective Cases and Components Thereof(Inv. No. 337-TA-780). 

By way of background, Otter Products, LLC (“Otter”) filed its complaint in this investigation on May 25, 2011 alleging that Griffin Technology, Inc. (“Griffin”) and numerous other parties (collectively “Defaulting Respondents”) unlawfully imported, sold for importation, and sold after importation certain protective cases and components thereof for cellular phones, mobile music players, and tablet computers that infringe various patents.  The Commission instituted this investigation on June 24, 2011.  See our June 27, 2011 post for more details.
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ALJ Bullock Issues Public Version Of Initial Determination In Certain Automated Media Library Devices (337-TA-746)

By Eric Schweibenz
|
Jul
27
On July 24, 2012, Chief ALJ Charles E. Bullock issued the public version (dated June 20, 2012) of the Initial Determination (“ID”) finding no Section 337 violation in Certain Automated Media Library Devices(Inv. No. 337-TA-746).  Due to the size of the ID, we have separated the file into part 1, part 2, and part 3.

By way of background, the Complainant in this matter is Overland Storage, Inc. (“Overland”) and the Respondents are BDT AG, BDT-Solutions GmbH & Co. KG, BDT Products, Inc., BDT Automation Technology (Zhuhai FTZ) Co., Ltd., and BDT de México, S. de R.L. de C.V. (collectively, “BDT”).
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ALJ Bullock Issues Notice Of Initial Determination In Certain Video Game Systems (337-TA-770)

By Eric Schweibenz
|
Sep
04
On August 31, 2012, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Video Game Systems and Wireless Controllers and Components Thereof(337-TA-770).

By way of background, the Complainants in this matter are Creative Kingdoms, LLC and New Kingdoms, LLC and the Respondents are Nintendo of America, Inc. and Nintendo Co., Ltd. (collectively, “Nintendo”). 
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ALJ Essex Issues Notice Of Initial Determination In Certain LED Photographic Lighting Devices (337-TA-804)

By Eric Schweibenz
|
Sep
13
On September 7, 2012, ALJ Theodore R. Essex issued a notice regarding the Initial Determination on Violation (“ID”) in Certain LED Photographic Lighting Devices and Components Thereof(Inv. No. 337-TA-804).

By way of background, the Complainants in this matter are Litepanels, Inc. and Litepanels, Ltd. and the remaining Respondents are FloLight, LLC, Prompter People, Inc., IKAN Corporation, Advanced Business Computer Services, LLC, Fotodiox Inc., Yuyao Lishuai Photo-Facility Co., Ltd., Yuyao Fotodiox Photo Equipment Co., Ltd., Yuyao Lily Collection Co., Ltd., and Stellar Lighting Systems (collectively, the “Respondents”).
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ALJ Rogers Issues Initial Determination In Certain Coenzyme Q10 Products (337-TA-790)

By Eric Schweibenz
|
Sep
28
On September 27, 2012, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Coenzyme Q10 Products and Methods of Making Same(Inv. No. 337-TA-790). 

By way of background, the investigation is based on a complaint filed by Complainant Kaneka Corporation alleging violation of Section 337 in the importation into the U.S. and sale of certain coenzyme Q10 products made by certain processes that infringe one or more claims of U.S. Patent No. 7,910,340 (the ‘340 patent).  The Respondents are Zhejiang Medicine Co., Ltd., ZMC-USA, L.L.C., Xiamen Kingdomway Group Co., Pacific Rainbow International Inc., Mitsubishi Gas Chemical Co., Inc., Mitsubishi Gas Chemical America, Maypro Industries, Inc., and Shenzhou Biology & Technology Co., Ltd. (collectively, the “Respondents”).  See our July 15, 2011 post for more details.
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ALJ Bullock Issues Public Version Of Initial Determination In Certain Video Game Systems (337-TA-770)

By Eric Schweibenz
|
Oct
12
On September 26, 2012, Chief ALJ Charles E. Bullock issued the public version (dated August 31, 2012) of the Initial Determination (“ID”) finding no Section 337 violation in Certain Video Game Systems and Wireless Controllers and Components Thereof (337-TA-770).  Due to its size, we have split the ID in three parts here:  part 1, part 2, and part 3.

By way of background, the Complainants in this matter are Creative Kingdoms, LLC and New Kingdoms, LLC (collectively, “CK”) and the Respondents are Nintendo of America, Inc. and Nintendo Co., Ltd. (collectively, “Nintendo”).  CK alleged that Nintendo violated Section 337 with respect to U.S. Patent Nos. 7,850,527 (the ‘527 patent), 7,500,917 (the ‘917 patent), and 7,896,742 (the ‘742 patent) (collectively, “the patents-at-issue”).  The subject matter of these patents is video game systems, wireless controllers, and components thereof.
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ALJ Essex Issues Notice Of Initial Determination In Certain Devices For Improving Uniformity Used In A Backlight Module (337-TA-805)

By Eric Schweibenz
|
Oct
23
On October 22, 2012, ALJ Theodore R. Essex issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Devices For Improving Uniformity Used In A Backlight Module and Components Thereof and Products Containing the Same(Inv. No. 337-TA-805).

By way of background, the Complainants in this matter are Industrial Technology Research Institute and ITRI International and the Respondents are LG Electronics, Inc., LG Electronics U.S.A., Inc., LG Display Co., Ltd. and LG Display America, Inc. (collectively, “LG”). 
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ALJ Pender Issues Notice Of Initial Determination In Certain Electronic Digital Media Devices (337-TA-796)

By Eric Schweibenz
|
Oct
26
On October 24, 2012, ALJ Thomas B. Pender issued a notice regarding the Initial Determination (“ID”) in Certain Electronic Digital Media Devices and Components Thereof(Inv. No. 337-TA-796).  On October 25, 2012, ALJ Pender issued Order No. 27 that corrected two errors in the October 24 notice of ID.

By way of background, the investigation is based on a complaint filed by Apple, Inc.  The Respondents in this investigation are:  Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”).  See our August 2, 2011 post for more details about this investigation.   
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ALJ Bullock Issues Initial Determination In Certain Static Random Access Memories (337-TA-792)

By Eric Schweibenz
|
Oct
26
On October 25, 2012, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Static Random Access Memories and Products Containing Same(Inv. No. 337-TA-792).

By way of background, the Complainant in this matter is Cypress Semiconductor Corporation and the Respondents are GSI Technology, Inc.; Telefonaktiebolaget LM Ericcson; Ericcson Inc.; Motorola Mobility, Inc.; Motorola Solutions, Inc.; Cisco Systems, Inc.; Avnet, Inc.; and Hewlett-Packard Company/Tipping Point (collectively, the “Respondents”).  See our July 26, 2011 post for more information about this investigation.
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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.