Updates

Update Regarding Certain Optoelectronic Devices (337-TA-669)

By Eric Schweibenz
|
Mar
17
As indicated in our March 6 post, on March 5, 2009, the U.S. International Trade Commission voted to institute an investigation of certain optoelectronic devices, components thereof, and products containing the same.  Certain Optoelectronic Devices, Components Thereof, And Products Containing the Same (337-TA-669).

Since our March 6 post, ALJ Luckern issued a notice indicating that ALJ Theodore R. Essex will handle this investigation.

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Update Regarding Certain Non-Shellfish Derived Glucosamine (337-TA-668)

By Eric Schweibenz
|
Mar
17
As indicated in our March 3 post, on February 26, 2009, the U.S. International Trade Commission voted to institute an investigation of certain non-shellfish derived glucosamine and products containing same.  Certain Non-Shellfish Derived Glucosamine and Products Containing Same (337-TA-668).

On March 11, ALJ Rogers issued Order No. 4 setting the procedural schedule for the investigation. 

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Update Regarding Certain Digital Cameras (337-TA-671)

By Eric Schweibenz
|
Mar
23
Further to our March 19 post, ALJ Luckern has issued a notice indicating that ALJ Charles E. Bullock will handle the investigation of certain digital cameras.  Certain Digital Cameras (337-TA-671).

Also, according to the Notice of Investigation, Bryan F. Moore of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.

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Microsoft Seeks To Withdraw Complaint Against TomTom

By Eric Schweibenz
|
Mar
30
According to a March 27, 2009 letter sent to the ITC, Microsoft has sought to formally withdraw its February 25, 2009 complaint against TomTom. As we explained in our February 27, 2009 post, Microsoft’s complaint alleges, among other things, that TomTom N.V. of the Netherlands and TomTom, Inc. of Concord, Massachusetts (collectively, “TomTom”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain portable navigation computing devices and associated computer software that infringe certain claims of five Microsoft U.S. Patents. Also, according to media reports, Microsoft and TomTom have recently agreed to settle a number of patent infringement lawsuits, including the ITC action initiated by Microsoft last month.
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Update Regarding Certain Electronic Devices Including Handheld Wireless Communications Devices (337-TA-673)

By Eric Schweibenz
|
Apr
02
As indicated in our March 27 post, on March 25, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Electronic Devices, Including Handheld Wireless Communications Devices (337-TA-673).

Since our March 27 post, Chief ALJ Luckern issued a notice indicating that ALJ Robert K. Rogers, Jr. will handle this investigation.

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Update Regarding Certain Adjustable Keyboard Support Systems (337-TA-670)

By Eric Schweibenz
|
Apr
13
Further to our March 11 post, on April 6, 2009, Chief ALJ Paul J. Luckern issued Order No. 3 – setting target date in Certain Adjustable Keyboard Support Systems and Components Thereof (337-TA-670).

In the Order, Chief ALJ Luckern set a 15 month target date (i.e., June 14, 2010).  The 15 month target date was set despite an argument from respondents CompX International Inc. and Waterloo Furniture Components Limited d/b/a CompX Waterloo that an 18 month target date is required in view of “the complexity and multiplicity of factual and legal issues involved in the investigation.”  The complainant requested a 14 month target date and the ITC Staff requested a 15 month target date.  According to the Order, any final initial determination will be filed no later than February 15, 2010.  Also, the evidentiary hearing is scheduled to commence on December 1, 2009.

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Update Regarding Certain Optoelectronic Devices (337-TA-669)

By Eric Schweibenz
|
Apr
13
Further to our March 6 and 17 posts, on April 6, 2009 ALJ Theodore R. Essex issued Order No. 3 - Setting Target Date in Certain Optoelectronic Devices, Components Thereof, And Products Containing the Same (337-TA-669).

According to the Order, ALJ Essex set June 10, 2010 as the target date for completion of the investigation (which is 15 months after institution of the investigation).  Also, any final initial determination is due to be issued no later than February 10, 2010.  In the Order, ALJ Essex further provides that the pre-hearing conference and the evidentiary hearing will take place at the U.S. District Courthouse for the District of Columbia “[d]ue to lack of courtroom availability.”

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Update Regarding Certain Electronic Devices Having Image Capture Or Display Functionality (337-TA-672)

By Eric Schweibenz
|
Apr
20
Further to our March 26 post, on April 16, 2009, ALJ Carl C. Charneski issued Order No. 4 – setting target date in Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof (337-TA-672). 

In the order, ALJ Charneski set a 16 month target date.  Therefore, the Initial Determination in this investigation will be due on March 30, 2010 and the target date for completion of the investigation is July 30, 2010.

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Update Regarding Certain Wireless Communications Devices (337-TA-675)

By Eric Schweibenz
|
May
12
Further to our April 30 post, on May 1, 2009, ALJ E. James Gildea issued Order No. 2 – Notice of Ground Rules and Setting Target Date in Certain Wireless Communications Devices and Components Thereof (337-TA-675).

According to the Order, ALJ Gildea set August 27, 2010 as the target date for completion of the investigation (which is 16 months after institution of the investigation).  Also, any final initial determination is due to be issued no later than April 27, 2010. 

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Update Regarding Certain Adjustable Keyboard Support Systems (337-TA-670)

By Eric Schweibenz
|
May
12
Further to our March 11 and April 13 posts, on April 20, 2009, Chief ALJ Paul J. Luckern issued Order No. 7 – setting procedural schedule in Certain Adjustable Keyboard Support Systems and Components Thereof (337-TA-670).

In the Order, ALJ Luckern sets the procedural schedule, including the schedule for the evidentiary hearing which will take place from December 1 – December 4, 2009.

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Update Regarding Certain Electronic Devices Having Image Capture Or Display Functionality (337-TA-672)

By Eric Schweibenz
|
May
14
Further to our April 20 post, ALJ Carl C. Charneski issued Order No. 6 – Procedural Schedule in Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof (337-TA-672).

According to the Order, the evidentiary hearing in this matter will commence on February 1, 2010.

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Update Regarding Certain Digital Cameras (337-TA-671)

By Eric Schweibenz
|
May
14
On May 5, 2009, ALJ Charles E. Bullock issued Order No. 5 – Setting the Procedural Schedule in Certain Digital Cameras (337-TA-671).

According to the Order, ALJ Bullock set a 14 month target date of May 24, 2010 for completion of this investigation in Order No. 2.  The parties thereafter submitted discovery statements and ALJ Bullock evaluated the various proposals in order to formulate the procedural schedule.  ALJ Bullock scheduled the evidentiary hearing for September 28, 2009.  The procedural schedule also provides that ALJ Bullock’s initial determination will be issued on January 24, 2010.

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Update Regarding Certain Course Management System Software Products (337-TA-677)

By Eric Schweibenz
|
Jun
08
Further to our June 5 post, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Theodore R. Essex will handle Certain Course Management System Software Products (337-TA-677).

In addition, according to the Notice of Investigation, the ITC “has determined not to institute an investigation with respect to claims 1-35 [of the asserted ‘138 patent] as these claims are the subject of a valid and final judgment of invalidity issued by the district court for the Eastern District of Texas.”  The Notice of Investigation further notes that the asserted ‘138 patent is currently involved in a reexamination proceeding at the U.S. Patent and Trademark Office and an appellate proceeding at the U.S. Court of Appeals for the Federal Circuit.  Although the ITC makes no determination in the Notice of Investigation whether the investigation should be stayed, it notes that “the presiding administrative law judge may wish to consider whether a stay is warranted at an early date in this proceeding.”  Lastly, the Notice of Investigation provides that “[t]he instant complaint also raises questions relating to, inter alia, (1) the scope of coverage under Section 337, and (2) possible claim preclusion with respect to claims 36-44 of the asserted ‘138 patent in light of [a] prior district court contempt proceeding and a pending appeal before the Federal Circuit.”

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Update Regarding Certain Wireless Communications Devices And Components Thereof (337-TA-675)

By Eric Schweibenz
|
Jun
15
Further to our May 12 post, on June 11, 2009, ALJ E. James Gildea issued Order No. 7: Setting Procedural Schedule in Certain Wireless Communications Devices and Components Thereof (337-TA-675).

According to the Order, the evidentiary hearing in this matter will commence on January 19, 2010.

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Update Regarding Certain Products Advertised As Containing Creatine Ethyl Ester (337-TA-679)

By Eric Schweibenz
|
Jun
24
Further to our June 18 post, ALJ Charles E. Bullock issued Order No. 2 on June 23, 2009.  In the Order, ALJ Bullock issued notice of his ground rules, set the target date for the investigation, and set a date for submission of discovery statements. 

Specifically, ALJ Bullock set October 25, 2010 as the target date for completion of the investigation (which is 16 months after institution of the investigation).  ALJ Bullock further indicated in the Order that the evidentiary hearing in this matter will start on January 11, 2010.

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Update Regarding Certain Energy Drink Products (337-TA-678)

By Eric Schweibenz
|
Jul
08
Further to our June 15 post, on July 7, 2009, Chief ALJ Paul J. Luckern issued Order No. 4 in Certain Energy Drink Products (337-TA-678).

According to the Order, ALJ Luckern set September 17, 2010 as the target date for completion of this investigation (which is 15 months after institution of the investigation).  ALJ Luckern further indicated that any final initial determination on violation should be filed no later than May 17, 2010.  In addition, ALJ Luckern noted that the evidentiary hearing in this matter will commence on February 16, 2010.

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Update In Certain High-Brightness Light Emitting Diodes (337-TA-556)

By Eric Schweibenz
|
Jul
29
On July 28, 2009, Chief ALJ Paul J. Luckern issued a Notice assigning the remanded investigation in Certain High-Brightness Light Emitting Diodes and Products Containing Same (337-TA-556) to ALJ Robert K. Rogers, Jr.  See our May 26 and July 28 posts for more information.
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Update Regarding Certain Lighting Control Devices Including Dimmer Switches (337-TA-676)

By Eric Schweibenz
|
Aug
05
Further to our July 15 post, on August 4, 2009, the Commission issued a notice determining not to review ALJ Rogers’ July 14, 2009 initial determination terminating the investigation based on a consent order in Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (Inv. No. 337-TA-676).
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Update Regarding Certain Active Comfort Footwear (337-TA-660)

By Eric Schweibenz
|
Aug
05
Further to our July 14 post, on August 5, 2009, the Commission issued a notice determining not to review ALJ Gildea’s July 13, 2009 initial determination terminating the investigation based on a settlement agreement with Respondent RYN Korea Co. Ltd. and withdrawal of the complaint as to the remaining respondents in Certain Active Comfort Footwear (Inv. No. 337-TA-660).
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Update Regarding Certain Lighting Control Devices (337-TA-681)

By Eric Schweibenz
|
Aug
10
Further to our July 22 post, ALJ Robert K. Rogers, Jr. issued Order No. 4 on August 6, 2009 in Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (Inv. No. 337-TA-681).  In the Order, ALJ Rogers sets the procedural schedule for the investigation, including a March 8, 2010 start date for the evidentiary hearing.

Also, on August 6, ALJ Rogers issued Order No. 5 setting the target date for this investigation.  Specifically, ALJ Rogers set October 25, 2010 as the target date for completion of the investigation (which is 15 months after institution of the investigation).

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