Presidential Disapproval of ITC Remedy
By Eric Schweibenz and John Presper
|
Dec
08
On November 29, 2016, ALJ Thomas B. Pender issued the public version (dated November 10, 2016) of the Final Initial Remand Determination on Remand (“RID”) of no violation 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 Respondents BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, L.L.C. (collectively, “BMC”) in the importation and/or sale of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more claims of various patents. See our July 22, 2013 and August 20, 2013 posts for more details on the complaint and the Notice of Investigation, respectively. On August 22, 2014, ALJ Pender issued a notice of his Initial Determination (“ID:) finding a violation of Section 337 with respect to U.S. Patent Nos. 7,178,527 (“the ’527 patent”); 7,950,392 (“the ’392 patent”); 7,997,267 (“the ’267 patent”); 7,341,060 (“the ’060 patent”); 8,312,883 (“the ’883 patent”); and RE 44,453 (“the ’453 patent”). ALJ Pender further determined that there was no violation with respect to U.S. Patent No. 7,926,487 (“the ’487 patent”). See our August 25, 2014 post for more details regarding the ID. On December 23, 2014, the Commission affirmed the finding of a violation of Section 337 for several of the asserted patents and issued (1) a limited exclusion order and (2) cease-and-desist orders directed to the domestic respondents. See our December 30, 2014 post for more details regarding the Commission’s determination.
Share

Read More

By John Presper
|
May
09
On May 7, 2013, Chief ALJ Charles E. Bullock issued a notice of Remand Determination ("RD") in Certain Video Game Systems and Wireless Controllers and Components Thereof (Inv. No. 337-TA-770).

By way of background, on August 31, 2012, ALJ Bullock issued an initial determination finding no violation of Section 337 by Respondents Nintendo of America, Inc. and Nintendo Co., Ltd. (collectively, “Nintendo”) in this investigation with respect to the patents-at-issue.  See our October 12, 2012 post for more details.  On November 6, 2012, the International Trade Commission (the “Commission”) issued a notice indicating that the Commission revised the claim construction of “toy wand,” and in light of this construction, remanded the case to ALJ Bullock to determine infringement, validity, and domestic industry of the ‘917 and ‘742 patents.  See our November 8, 2012 and November 12, 2012 posts for more information about the Commission’s prior notice and opinion.


Share

Read More

By Eric Schweibenz
|
Apr
29
On April 23, 2013, Chief ALJ Charles E. Bullock issued the public version of the Remand Initial Determination (the “Remand ID”) (dated March 26, 2013) finding no violation of section 337 in Certain Automated Media Library Devices (Inv. No. 337-TA-746).

By way of background, the complainant in this matter is Overland Storage, Inc. (“Overland”) and the remaining 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.  Overland asserted U.S. Patent Nos. 6,328,766 (the ‘766 patent) and 6,353,581 (the ‘581 patent) which are directed to automated media library devices, also known as tape libraries.  In his June 20, 2012 Initial Determination, ALJ Bullock determined that (1) the ‘766 and ‘581 patents are not infringed by BDT; (2) the patents are not invalid except for claim 15 of the ‘581 patent; and (3) a domestic industry in the United States exists for the ‘766 patent, but not for the ‘581 patent.  See our July 27, 2012 post for more details.  On October 25, 2012, the International Trade Commission (the “Commission”) issued a notice and order remanding the investigation.  See our October 31, 2012 and November 28, 2012 posts for more information on the Commission’s decision to review and remand the investigation.


Share

Read More

By Eric Schweibenz
|
Apr
08
On April 4, 2013, ALJ Thomas B. Pender issued the public version of the Remand Initial Determination (“RID”) (dated March 26, 2013) in Certain Electronic Digital Media Devices and Components Thereof (Inv. No. 337-TA-796).

By way of background, the investigation is based on a complaint filed by Apple, Inc. (“Apple”) alleging a violation of Section 337 by Respondents Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC (collectively, “Samsung”) for importation into the U.S. and sale of certain electronic digital media devices.  See our August 2, 2011 post for more details on the Notice of Investigation in this matter.


Share

Read More

By Eric Schweibenz
|
Apr
05
On April 2, 2013, ALJ David P. Shaw issued the public version of the Remand Initial Determination (“RID,” dated March 22, 2013) 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 complaint filed by Motorola Mobility, Inc. and General Instrument Corporation (collectively, “Motorola”) alleging violation of Section 337 by Respondent Microsoft Corp. (“Microsoft”) for its importation into the U.S. and sale of certain models of Microsoft’s popular Xbox product.  See our November 24, 2010 post for more details. 


Share

Read More

By Eric Schweibenz
|
Mar
28
On March 26, 2013, Chief ALJ Charles E. Bullock issued the remand initial determination on violation of Section 337 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 remaining 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.  Asserted U.S. Patent Nos. 6,328,766 (the ‘766 patent) and 6,353,581 (the ‘581 patent) are directed to automated media library devices, also known as tape libraries.  In his June 20, 2012 Initial Determination, ALJ Bullock determined that (1) the ‘766 and ‘581 patents are not infringed by BDT; (2) the patents are not invalid except for claim 15 of the ‘581 patent; and (3) a domestic industry in the United States exists for the ‘766 patent, but not for the ‘581 patent.  See our July 27, 2012 post for more details.  On October 25, 2012, the International Trade Commission (“Commission”) issued a notice and order remanding the investigation.  See our our October 31, 2012 and November 28, 2012 posts for more information on the Commission’s decision to review and remand the investigation.


Share

Read More

By Eric Schweibenz
|
Mar
25
On March 22, 2013, ALJ David P. Shaw issued a notice of the final initial remand determination (“RID”) 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 complaint filed by Motorola Mobility, Inc. and General Instrument Corporation alleging violation of Section 337 by Respondent Microsoft Corp. for its importation into the U.S. and sale of certain models of Microsoft’s popular Xbox product.  See our November 24, 2010 post for more details.  On April 23, 2012, ALJ Shaw issued an ID which found that a violation of Section 337 occurred 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).  See our May 24, 2012 post for more details on the public version of the ID.  On June 29, 2012, the ITC issued a notice determining to review the ID in its entirety.  The Commission also remanded the investigation to the ALJ to “(1) apply the Commission’s opinion in Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, Inv. No. 337-TA-724, Comm’n Op. (Dec. 21, 2011); (2) rule on Microsoft’s motion for partial termination of the investigation …; and (3) set a new target date for completion of the investigation,” which allows four months for Commission review.  See our July 3, 2012 post for more details.


Share

Read More

By Eric Schweibenz
|
Mar
20
Further to our February 27, 2013 post, on March 15, 2013, Chief ALJ Charles E. Bullock issued the public version of the Remand Initial Determination (“RID”) (dated February 25, 2013) 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 (“Cypress”) and the remaining Respondents are GSI Technology, Inc. (“GSI”), Cisco Systems, Inc. (“Cisco”); and Avnet, Inc. (“Avnet”) (collectively, “Respondents”).  The patents at issue in the investigation are U.S. Patent Nos. 6,651,134 (the ‘134 patent); 6,262,937 (the ‘937 patent); 7,142,477 (the ‘477 patent); and 6,534,805 (the ‘805 patent).  See our July 26, 2011 post for more information about this investigation.


Share

Read More

By Eric Schweibenz
|
Mar
13
On March 11, 2013, ALJ Theodore R. Essex issued the public version of the Initial Determination on Remand regarding Validity and Enforceability (“RID”) (dated February 28, 2013) in Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing Same (337-TA-805).

By way of background, the Complainants in this matter are Industrial Technology Research Institute and ITRI International, Inc. (collectively, “ITRI”) and the Respondents are LG Corporation, LG Electronics, Inc., and LG Electronics U.S.A., Inc. (collectively, “LG”).  ITRI alleged that LG violated Section 337 by the importation and/or sale of LCD televisions and monitors that infringed claims 6, 9, and 10 of U.S. Patent No. 6,883,932 (the ‘932 patent).  See our September 12, 2011 post for more details.


Share

Read More

By Eric Schweibenz
|
Mar
06
On February 28, 2013, ALJ Theodore R. Essex issued a notice in connection with the Initial Determination on Remand regarding Validity and Enforceability (“RID”) in Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing Same (337-TA-805).  

By way of background, the Complainants in this matter are Industrial Technology Research Institute and ITRI International, Inc. (collectively, “ITRI”) and the Respondents are LG Corporation, LG Electronics, Inc., and LG Electronics U.S.A., Inc. (collectively, “LG”).  ITRI alleged that LG violated Section 337 by the importation and/or sale of LCD televisions and monitors that infringed claims 6, 9, and 10 of U.S. Patent No. 6,883,932 (the ‘932 patent).  The subject matter of the ‘932 patent is an apparatus for improving uniformity used in backlight modules using light sources, a reflective housing, and at least one structured arc sheet.  See our September 12, 2011 post for more details.  In his October 22, 2012 ID, ALJ Essex determined that LG’s accused products do not infringe the asserted claims of the ‘932 patent – either literally or under the doctrine of equivalents – because the accused products failed to meet the “structured arc sheet” limitation of independent claim 6.  Additionally, ALJ Essex found that ITRI’s domestic industry product does not satisfy the technical prong of the domestic industry requirement.  Based on his finding of no infringement and no domestic industry, ALJ Essex did not reach the issues of invalidity and unenforceability.  See our November 6, 2012 post for more details.  On December 21, 2012, the International Trade Commission (the “Commission”) issued a notice determining to review the “final ID in its entirety” and remand-in-part the investigation.  According to the accompanying order, the Commission remanded-in-part the investigation back to ALJ Essex to consider the parties’ invalidity and unenforceability arguments and make appropriate findings.  See our December 27, 2012 post for more details on the Commission’s remand notice and order.


Share

Read More

Next Page