On April 20, 2009, Blackboard Inc. of Washington, D.C. filed a complaint requesting that the ITC commence an investigation pursuant to section 337.

The complaint alleges that Desire2Learn Incorporated of Canada unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain course management system software products that infringe certain claims of U.S. Patent No. 6,988,138.

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On April 17, 2009, ALJ E. James Gildea issued the public version of Order No. 18 (dated April 6, 2009), the initial determination granting in part the motion for summary determination filed by Complainant John Mezzalingua Associates, Inc. d/b/a PPC, Inc. (“PPC”) in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same (Inv. No. 337-TA-650).

PPC moved for summary determination on importation, infringement, domestic industry, and for a general exclusion order.  With respect to infringement, PPC moved for summary determination that products of Respondents Fu Ching Technical Industry Co. Ltd.  and Gem Electronics, Inc. (“Respondents”) infringed certain claims of the patent-in-suit “which is valid and enforceable.”  Respondents opposed and raised a number of theories regarding invalidity and non-infringement, but did not dispute PPC’s assertions relating to the economic prong of the domestic industry requirement and importation of the accused products.  The Commission Investigative Staff filed a response in support of a finding of summary determination for importation and economic prong, but argued there were genuine issues of material fact and that PPC had failed to meet its burden which would preclude summary determination on the issues of infringement and technical prong.

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On April 17, 2009, ALJ Paul J. Luckern issued a Notice of his Enforcement Initial Determination (“ED”) which included the non-confidential title page, conclusions of law, and the order in Certain Ink Cartridges and Components Thereof (337-TA-565).  According to the Notice, ALJ Luckern determined that enforcement respondents Ninestar Technology Company Ltd., Ninestar Technology Co., Ltd. and Town Sky, Incorporated violated the orders issued at the conclusion of Investigation No. 337-TA-565.

ALJ Luckern determined that the Ninestar and Town Sky compatible and remanufactured cartridges at issue are “covered products” under the Cease and Desist Order issued against it by the Commission on October 19, 2007.  ALJ Luckern also determined that Ninestar and Town Sky failed to meet their burden to demonstrate their affirmative defenses and were “jointly and severally liable for violations of the Cease and Desist Orders in the amount of $20,504,974.16.”

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On April 17, 2009, ALJ E. James Gildea issued the public version of Order No. 19 (dated April 10, 2009) in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same (337-TA-650).  ALJ Gildea denied Fu Ching Technical Industry Co., Ltd.’s and Gem Electronics, Inc.’s  (“Respondents”) joint motion for summary determination that (i) they do not infringe certain claims of U.S. Patent No. 5,470, 257 (the “‘257 patent”), (ii) the ‘257 patent is invalid as anticipated, obvious or indefinite, and (iii) Complainant John Mezzalingua Associates, Inc. d/b/a PPC, Inc. (“PPC”) is barred by laches from pursuing the Investigation against Respondents.

In the order, ALJ Gildea determined that a finding of non-infringement was inappropriate because genuine material issues of fact remain relating to at least (i) whether the locking member of Respondents’ accused products is separable from the connector body and (ii) whether a radially protruding circular shoulder is present on Respondents’ accused products at a first position.

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On April 20, 2009, the Federal Circuit issued its Opinion in Princo Corp. v. Int’l Trade Comm’n, No. 2007-1386.  This was an appeal from the Commission’s ruling in Certain Recordable Compact Discs & Rewritable Compact Discs (Inv. No. 337-TA-474) that Princo Corp. and Princo America Corp. (“Princo”) had violated Section 337 through the importation of compact discs that infringed six patents owned by U.S. Philips Corp. (“Philips”).  At the ITC, Princo conceded infringement but made two distinct arguments that Philips’ patents were unenforceable due to patent misuse.  The Commission found both patent misuse arguments unpersuasive and held that Princo had violated section 337.  Princo appealed to the Federal Circuit.

In the opinion, the Federal Circuit affirmed the Commission’s rejection of Princo’s first patent misuse argument but vacated and remanded with respect to the Commission’s rejection of the second patent misuse argument.

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