By Eric Schweibenz
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May
18
On May 14, 2009, ALJ Carl C. Charneski issued the public versions of Order No. 37 (dated May 6, 2009) and Order No. 40 (dated May 7, 2009) in Certain Variable Speed Wind Turbines And Components Thereof (337-TA-641).  In the Orders, ALJ Charneski denied Respondents Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries America, Inc., and Mitsubishi Power Systems Americas, Inc.’s (collectively, “MHI”) motions in limine seeking orders to preclude complainant General Electric Company (“GE”) from offering certain evidence relating to alleged inequitable conduct committed during prosecution of the patents-in-suit.

According to Order No. 37, MHI sought to preclude an analysis performed by GE regarding a German Patent Office search report relating to a German patent application that corresponds to one of the U.S. patents being asserted by GE in the investigation.  Specifically, MHI sought to preclude GE from offering evidence purporting to show good faith in connection with its alleged failure to disclose the German Patent Office search report and references cited therein to the U.S. Patent and Trademark Office (“USPTO”).  ALJ Charneski denied MHI’s motion, determining that the facts were scarce and, to the extent they existed, such facts were in dispute.  ALJ Charneski further determined that MHI would be permitted to renew its objections at the evidentiary hearing.


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By Eric Schweibenz
|
May
15
On May 14, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 43 in Certain Semiconductor Integrated Circuits and Products Containing Same (337-TA-665).  In the Order, ALJ Rogers ruled on requests filed by complainant Qimonda AG (“Qimonda”) and respondents LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, and Seagate (US) LLC’s (collectively “Respondents”) for the receipt into evidence of certain proposed exhibits without a sponsoring witness.

ALJ Rogers first noted that the ITC’s rules provide that “[r]elevant, material, and reliable evidence shall be admitted.”  ALJ Rogers also noted that his Ground Rules provide that each exhibit that is offered into evidence must have a sponsoring witness and the only exception to this general rule is where the party wishing to have evidence admitted without a sponsoring witness shows good cause for admitting such evidence.


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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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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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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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