Updates

ALJ Essex Extends Target Date And Reschedules Hearing Dates In Certain Optoelectronic Devices (337-TA-669)

By Eric Schweibenz
|
Aug
12
On August 10, 2009, ALJ Theodore R. Essex issued Order No. 5 in Certain Optoelectronic Devices, Components Thereof, and Products Containing The Same (Inv. No. 337-TA-669).  In the Order, ALJ Essex extends the target date for this investigation by one month to July 12, 2010, and moves the hearing dates back by approximately one month to November 16-20, 2009.

According to the Order, the “ALJ’s docket has gotten increasingly busy – in addition to his responsibilities in other investigations, the ALJ has two final initial determinations in Investigation Nos. 337-TA-630 and 337-TA-657 and a remand initial determination in Investigation No. 337-TA-632 due prior to the hearing dates in this investigation as well as an evidentiary hearing in Investigation No. 337-TA-661, all of which are set to transpire before the hearing dates in this investigation.”

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Update Regarding Certain Machine Vision Software And Systems (337-TA-680)

By Eric Schweibenz
|
Aug
21
Further to our July 14 post, on August 21, 2009, ALJ Carl C. Charneski issued Order No. 6 in Certain Machine Vision Software, Machine Vision Systems, and Products Containing Same (Inv. No. 337-TA-680).

According to the Order, ALJ Charneski set November 16, 2010 as the target date for completion of this investigation (which is 16 months after institution of the investigation).  ALJ Charneski further indicated that the initial determination on violation shall be due on July 16, 2010.

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Update Regarding Certain Machine Vision Software (337-TA-680)

By Eric Schweibenz
|
Aug
25
Further to our July 14 and August 21 posts, on August 24, 2009, ALJ Carl C. Charneski issued Order No. 8: Setting Procedural Schedule in Certain Machine Vision Software, Machine Vision Systems, and Products Containing Same (Inv. No. 337-TA-680).

According to the Order, ALJ Charneski set May 3-12, 2010 for the evidentiary hearing in this matter.

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Update Regarding Certain Flash Memory (337-TA-685)

By Eric Schweibenz
|
Aug
31
Further to our August 28 post, on August 27, 2009, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Carl C. Charneski will handle Certain Flash Memory and Products Containing Same (Inv. No. 337-TA-685).
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Update Regarding Certain Articulated Coordinate Measuring Arms (337-TA-684)

By Eric Schweibenz
|
Aug
31
Further to our August 26 post, on August 28, 2009, ALJ Charles E. Bullock issued Order No. 1: Protective Order and Order No. 2: Notice of Ground Rules and Target Date and Order Setting Date for Submission of Discovery Statements in Certain Articulated Coordinate Measuring Arms and Components Thereof (Inv. No. 337-TA-684).

In Order No. 2, ALJ Bullock set December 28, 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 March 1, 2010.  ALJ Bullock also directed the parties to submit a discovery statement on or before October 2, 2009.

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Update Regarding Certain MLC Flash Memory Devices (337-TA-683)

By Eric Schweibenz
|
Sep
01
Further to our August 25 post, on August 27, 2009, ALJ Theodore R. Essex issued Order No. 1: Protective Order and Order No. 2: Notice of Ground Rules and Order Setting Date for Submission of Discovery Statements and Date for Preliminary Conference in Certain MLC Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-683). 

In Order No. 2, ALJ Essex directed the parties to submit a discovery statement on or before September 17, 2009.  Also, ALJ Essex scheduled a preliminary conference for October 6, 2009.

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Update Regarding Certain Bulk Welding Wire Containers (337-TA-686)

By Eric Schweibenz
|
Sep
08
Further to our September 3 post, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Robert K. Rogers, Jr. will handle Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686).

Thereafter, ALJ Rogers issued Order No. 1: Protective Order, Order No. 2: Ground Rules, and Order 3: Setting Pre-Hearing Conference in this matter.  In Order No. 3, ALJ Rogers determined that a pre-hearing conference will be held on September 18, 2009.

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Update Regarding Certain Digital Televisions (337-TA-617)

By Eric Schweibenz
|
Sep
11
Further to our September 8 post, Chief ALJ Paul J. Luckern issued a notice assigning ALJ Carl C. Charneski as the presiding Administrative Law Judge in the formal enforcement proceeding in Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same (Inv. No. 337-TA-634).
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Update Regarding Certain Collaborative System Products (337-TA-682)

By Eric Schweibenz
|
Sep
14
Further to our August 4 post, ALJ E. James Gildea issued Order No. 4: Setting Procedural Schedule in Certain Collaborative System Products and Components Thereof (Inv. No. 337-TA-682).

According to the Order, ALJ Gildea has provided dates in the procedural schedule for submission of proposed claim constructions for disputed claim terms and noted that “absent a showing of good cause, the parties will be bound by their proposed constructions for disputed claim terms on the date the joint submission of disputed claim terms is due.”

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Update Regarding Certain Video Displays (337-TA-687)

By Eric Schweibenz
|
Sep
17
Further to our September 14 post, Chief ALJ Paul J. Luckern issued a notice assigning ALJ E. James Gildea as the presiding Administrative Law Judge in Certain Video Displays, Components Thereof, and Products Containing Same (Inv. No. 337-TA-687).
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ALJ Gildea Sets Target Date In Certain Video Displays (337-TA-687)

By Eric Schweibenz
|
Sep
21
Further to our September 14 and September 17 posts, ALJ E. James Gildea issued Order No. 1: Protective Order; and Order No. 2: Notice of Ground Rules and Setting Target Date and Date for Submission of Proposed Procedural Schedule in Certain Video Displays, Components Thereof, and Products Containing Same (Inv. No. 337-TA-687).

In Order No. 2, ALJ Gildea set January 18, 2011 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 September 18, 2010.

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ALJ Rogers Sets Target Date In Certain Bulk Welding Wire Containers (337-TA-686)

By Eric Schweibenz
|
Sep
21
On September 18, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 7: Setting Target Date in Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686).

According to the Order, the Initial Determination will be due on August 9, 2010, and the target date for completion of this investigation is December 7, 2010 (which is 15 months after institution of the investigation).

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Update Regarding Certain Hybrid Electric Vehicles (337-TA-688)

By Eric Schweibenz
|
Oct
07
Further to our October 6 post, Chief ALJ Paul J. Luckern issued a notice assigning ALJ Theodore R. Essex as the presiding Administrative Law Judge in Certain Hybrid Electric Vehicles and Components Thereof (Inv. No. 337-TA-688).
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ALJ Gildea Sets Target Date In Certain Ceramic Capacitors (337-TA-692)

By Eric Schweibenz
|
Nov
06
Further to our October 29 and October 30 posts, ALJ E. James Gildea issued Order No. 1: Protective Order; and Order No. 2: Notice of Ground Rules and Setting Target Date and Date for Submission of Proposed Procedural Schedule in Certain Ceramic Capacitors and Products Containing Same (Inv. No. 337-TA-692).

In Order No. 2, ALJ Gildea set March 4, 2011 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 in the investigation no later than November 4, 2010.

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Update Regarding Certain Printing And Imaging Devices (337-TA-690)

By Eric Schweibenz
|
Nov
11
Further to our October 21 and October 30 posts, on November 9, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 6: Setting Procedural Schedule in Certain Printing and Imaging Devices and Components Thereof (Inv. No. 337-TA-690).

In the Order, ALJ Rogers sets the procedural schedule for the investigation and includes provisions for the early exchange of claim construction terms and proposed constructions.  The procedural schedule also indicates that the evidentiary hearing in this investigation will commence on May 17, 2010.

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Knowles Files Motion For Temporary Relief Regarding Certain Silicon Microphone Packages

By Eric Schweibenz
|
Nov
17
On November 12, 2009, Knowles Electronics LLC of Itasca, Illinois (“Knowles”) filed a motion for temporary relief seeking a temporary exclusion order and temporary cease and desist order against Analog Devices Inc. of Norwood, Massachusetts (“ADI”).  As we explained in our November 13 post, Knowles also filed on November 12 a complaint requesting that the ITC commence an investigation pursuant to Section 337 concerning certain silicon microphone packages and products containing the same. According to the motion, ADI “neither sought nor received authorization from Knowles to use the proprietary technology disclosed and claimed in Knowles’ Patents” and “[i]f importation of the Accused Products is not promptly barred by the Commission, especially in view of the importation, testing and use of the infringing microphones in devices being planned and designed for the 2010 holiday sales season, Knowles will suffer irreparable harm including lost sales and growth opportunities, lost goodwill and price erosion.”  Knowles further alleges in the motion that the “Commission, in recent litigation against another Respondent, has already ruled on claim construction supporting infringement of the ADI products, found the Knowles Patents not invalid, and found the existence of a domestic industry, all on claims that mirror the present circumstances.” In support of its motion, Knowles argues that it is entitled to the “extraordinary relief of a temporary exclusion order excluding the Accused Products from importation into the United States during the pendency of this proceeding.”  Specifically, Knowles argues that it has demonstrated (1) reasonable likelihood of success on the merits; (2) irreparable harm; (3) balance of hardships tipping in Knowles’ favor; and (4) the impact of the injunction on the public interest favors temporary relief. Regarding bond, Knowles argues in its motion that it should not be required to post a bond since the “demonstrably high likelihood of success shown by Knowles weighs against imposition of a bond in this case.”  Knowles further asserts “[i]f the Commission does determine to require a bond, the amount of such a bond should be minimal.”  With respect to whether ADI should post bond, Knowles argues in its motion that “no monetary amount will be sufficient to cure the irreparable harm that would result from the continuation of Respondent’s conduct” and “a temporary exclusion order and temporary cease and desist order are the only adequate remedies and cannot be replaced by a bond.”  Finally, Knowles asserts that “[i]f the Commission does determine to allow a bond in lieu of temporary relief, such a bond should be at least equal to the full value of the imports of the Respondent’s goods during the relevant period.”
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