On April 29, 2009, ALJ E. James Gildea issued the public version of Order No. 7 (dated April 17, 2009) denying a motion by Complainants 02 Micro International Ltd. and 02 Micro Inc. to disqualify counsel for Respondents LG Electronics Inc., LG Electronics USA, Inc., LG Display Co., Ltd., and LG Display America, Inc. in Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits and Products Containing the Same (337-TA-666).

O2 Micro argued that Morgan Lewis & Bockius LLP (“MLB”), the firm representing LG, had two conflicts of interest which should prevent it from representing LG in the investigation: (1) prior to joining LG’s law firm, MLB attorney Daniel Johnson had been lead counsel for O2 Micro in a lawsuit against Monolithic Power Systems (the “MPS Litigation”) involving a patent in the same family as the patent at issue in the Investigation, and (2) MLB represented O2 Micro in the MPS Litigation after Mr. Johnson joined the firm.  O2 Micro argued that MLB’s representation of LG violated loyalties and ethical obligations owed to O2 Micro and that confidences and secrets O2 Micro might have conveyed to Mr. Johnson and MLB during the MPS Litigation might give LG an unfair advantage.


Share

Read More

By Eric Schweibenz
|
May
05
On April 21, 2009, the U.S. International Trade Commission issued a Notice determining not to review the April 2, 2009 Initial Determination (“ID”) issued by Administrative Law Judge Carl C. Charneski in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).

The investigation was instituted on March 31, 2008, based on the complaint of General Electric Co (“GE”).  The respondents are Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries of America, Inc., and Mitsubishi Power Systems Americas, Inc (collectively, “MHI”).


Share

Read More

On April 23, 2009, the Commission issued a Notice determining not to review the initial determination of ALJ Carl C. Charneski granting Complainant Farouk System, Inc.’s (“FSI”) motion for summary determination of violation of section 337 in Certain Hair Irons and Packaging Thereof (Inv. No. 337-TA-637).

By way of background, on March 14, 2008, the Commission instituted the investigation based upon FSI’s complaint.  The named respondents were:  CHI Systems Singapore Pte. Ltd. of Singapore (“CHI Systems”); Princess Silk, LLC of Lake Forest, California (“Princess Silk”); Kamashi International of Hong Kong, China (“Kamashi”); Mount Rise, Ltd. of Dongguan, China (“Mount Rise”); and Dongguan Fumeikang Electrical Technology Co., Ltd. of Dongguan, China (“Dongguan Fumeikang”).  Dongguan Fumeikang and Princess Silk were terminated from the investigation on the basis of a consent order on May 21, 2008 (Order No. 8 ) and December 4, 2008 (Order No. 11), respectively.  On January 30, 2009, ALJ Charneski granted FSI’s motion (Order No. 13) to find Mount Rise, Kamashi, and CHI Systems in default for failure to respond to the complaint and Notice of Investigation.


Share

Read More

On April 23, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 27 in Certain Electronic Devices Including Handheld Wireless Communications Devices (337-TA-667) denying Complainant Saxon Innovations, LLC’s (“Saxon”) unopposed motion to seek a recommendation to the U.S. District Court for the District of Columbia to issue a letter rogatory to allow Saxon to obtain deposition testimony in Japan.

Saxon sought to depose corporate representatives of Respondents Panasonic Corporation, Panasonic Corporation of North America, and Panasonic Consumer Electronics (collectively “Panasonic”) in Japan on or about May 7, 8, and 11, 2009.  Panasonic’s representative volunteered to sit for the depositions.  Under Japanese law and practice and the mutually agreed interpretation of the U.S. – Japan Bilateral Consular Convention concerning the obtaining of evidence in Japan, a deposition of a willing witness may be taken in Japan: (1) if the deposition is presided over by a U.S. consular official; (2) is conducted on U.S. consular premises; (3) is taken pursuant to an American court order or commission; and (4) if any non-Japanese participant travelling to Japan applies for and obtains a Japanese Special Deposition visa.  The U.S. State Department recommends that one must apply for a Special Deposition visa at least two weeks prior to departure for Japan.  A copy of the court order or commission must accompany the application for the Special Deposition visa.


Share

Read More

On April 21, 2009, Chief ALJ Paul J. Luckern issued the public version of Order No. 18 (dated March 23, 2009) in Certain Video Game Machines and Related Three-Dimensional Pointing Devices (337-TA-658) denying respondent Nintendo Co., Ltd.’s  (“Nintendo”) motion to preclude complainant Hillcrest Laboratories Inc. (“Hillcrest”) from introducing evidence on the subject of infringement by Nintendo’s Nunchuk and Wii MotionPlus accessories and that the ALJ grant partial summary determination of non-infringement with respect to these two accessories.  Hillcrest and the Commission Investigative Staff  opposed the motion.

Nintendo argued that it had repeatedly inquired as to the scope of Hillcrest’s allegations of infringement, and that Hillcrest refused to answer.  Instead, according to the order, Nintendo argued that Hillcrest answered an interrogatory on the issue by “simply pointing to its expert reports,” which were served on the same day as the interrogatory answer, and that neither Nintendo nor the expert reports discussed how the Nunchuk and Wii MotionPlus accessories infringe the patents.  Hillcrest and the Staff responded that it was premature for the ALJ to preclude expert testimony regarding the Nunchuk and Wii MotionPlus accessories, citing Ground Rule 4(viii), which states that “[t]he party submitting said expert report shall have the opportunity to supplement at appropriate intervals the information contained therein if the party learns that in some material respect the information disclosed therein is incomplete or incorrect.”


Share

Read More

www.xxx-clips-online.com