ALJ Bullock

ALJ Bullock grants joint motion to stay certain flash memory chips investigation 337-TA-664

By Eric Schweibenz
|
Mar
13
On March 12, 2009, ALJ Charles E. Bullock issued an order granting a joint motion to stay the investigation filed in Certain Flash Memory Chips and Products Containing the Same (Inv. No. 337-TA-664).  According to the order, the private parties filed a motion to stay the investigation for ninety days to gain the necessary approvals to effectuate the agreed-upon settlement between the Spansion complainants and the Samsung respondents, which would result in termination of the investigation. 

Further, according to the order, on March 11, 2009 Spansion filed a notice of commencement of bankruptcy proceedings and an automatic stay in the U.S. Bankruptcy Court for the District of Delaware.  Although Spansion and Samsung have fully agreed to the settlement agreement, because Spansion filed for bankruptcy, the settlement agreement is subject to the Bankruptcy Court’s approval which may take up to ninety days.

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Update Regarding Certain Digital Cameras (337-TA-671)

By Eric Schweibenz
|
Mar
23
Further to our March 19 post, ALJ Luckern has issued a notice indicating that ALJ Charles E. Bullock will handle the investigation of certain digital cameras.  Certain Digital Cameras (337-TA-671).

Also, according to the Notice of Investigation, Bryan F. Moore of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.

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ALJ Bullock Issues Initial Determination in Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players (337-TA-619)

By Eric Schweibenz
|
Apr
14
On April 10, 2009, ALJ Charles E. Bullock issued a Notice regarding his Initial Determination in Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same (Inv. No. 337-TA-619). 

According to the notice, ALJ Bullock held that no violation of Section 337 had occurred in the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain flash memory controllers, drives, memory cards, and media players and products containing same, in connection with claims 17, 24, and 30 of U.S. Patent No. 6,763,424 (the ‘424 patent) and claim 8 of U.S. Patent No. 7,137,011 (the ‘011 patent).  The notice further indicated that the Complainant satisfied the domestic industry requirement for both the ‘424 and ‘011 patents.

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ALJ Bullock Denies Motion for Extension of Target Date in Certain Digital Cameras (337-TA-671)

By Eric Schweibenz
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May
05
On April 23, 2009, ALJ Charles E. Bullock issued Order No. 4 in Certain Digital Cameras (337-TA-671) denying respondent Eastman Kodak Company’s (“Kodak”) motion for a two month extension of the target date, a request to extend the hearing date, and a request for a Markman hearing.  Complainants Samsung Electronics Company, Ltd. and Samsung Electronics America, Inc. (“Samsung”) and the Commission Investigative Staff opposed the motion.

Kodak sought the two month extension to allow time for a Markman hearing and to conduct foreign discovery as well as resolve a scheduling conflict with Investigation No. 337-TA-663 which, according to Kodak, involves the same parties and lead counsel.  Samsung and the Staff responded that, due to the simplicity of the technology, a Markman hearing is unnecessary and foreign discovery is routine in Section 337 investigations.  They also argued that the conflict with Investigation No. 337-TA-663 could resolve itself in view of the pending motion in that investigation to consolidate it with Investigation No. 337-TA-672, which would result in a rescheduling of that hearing.

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Update Regarding Certain Digital Cameras (337-TA-671)

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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Update Regarding Certain Products Advertised As Containing Creatine Ethyl Ester (337-TA-679)

By Eric Schweibenz
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Jun
24
Further to our June 18 post, ALJ Charles E. Bullock issued Order No. 2 on June 23, 2009.  In the Order, ALJ Bullock issued notice of his ground rules, set the target date for the investigation, and set a date for submission of discovery statements. 

Specifically, ALJ Bullock set October 25, 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 January 11, 2010.

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ALJ Bullock Issues Initial Determination in Certain Probe Card Assemblies (337-TA-621)

By Eric Schweibenz
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Jun
29
On June 29, 2009, ALJ Charles E. Bullock issued a notice regarding his Final Initial Determination and Recommended Determination on Remedy and Bond in Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-621). 

According to the notice, ALJ Bullock held that there is no violation of section 337 in this investigation by respondents Phicom Corp., Phiam Corp., Micronics Japan Co., Ltd., and MJC Electronics Corp. 

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ALJ Bullock Extends Target Date In Certain Flash Memory Chips (337-TA-664)

By Eric Schweibenz
|
Jul
01
On June 30, 2009, ALJ Charles E. Bullock issued Order No. 9 in Certain Flash Memory Chips and Products Containing The Same (Inv. No. 337-TA-664).

According to the Order, complainants Spansion, Inc. and Spansion LLC filed a motion to lift the stay and establish a new schedule for the investigation “due to the bankruptcy court’s disapproval of the proposed settlement agreement.”  In view of the parties’ submissions regarding proposed procedural schedules, ALJ Bullock extended the target date in the investigation by seven months, or until January 18, 2011.  In addition, the revised procedural schedule issued by ALJ Bullock includes a schedule for the exchange of claim construction briefs and a claim construction hearing.  Further, ALJ Bullock provides in the procedural schedule that he will “make every attempt to issue the claim construction order by [two months before the evidentiary hearing].”

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ALJ Bullock Issues Public Version of Initial Determination in Certain Probe Card Assemblies (337-TA-621) Finding No Violation of Section 337

By Eric Schweibenz
|
Jul
23
Further to our June 29, 2009 post, on July 20, ALJ Charles E. Bullock issued the public version of his initial determination (“ID”) in the matter of Certain Probe Card Assemblies, Components Thereof and Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-621).

In the 205-page ID, ALJ Bullock held that there was no violation of Section 337 by respondents Phicom Corp. and Phiam Corp. (collectively, “Phicom”), and Micronics Japan Co., Ltd., and MJC Electronics Corp. (collectively, “Micronics”) for importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain probe card assemblies and components thereof, certain probe card assemblies and components thereof, and certain tested DRAM and NAND flash memory devices and products containing same, in connection with claims 1, 3, 4, 18, 19, 23, 24, 29, 32, 33, 36, 37, and 41 of U.S. Patent No. 6,615,485 (the ‘485 patent); claims 1-3, 12, 24, and 25 of U.S. Patent No. 6,509,751 (the ‘751 patent); claim 19 of U.S. Patent No. 7,225,538 (the ‘538 patent); and claims 21-23, 27-37, and 33-35 of U.S. Patent No. 5,994,152 (the ‘152 patent).  Further, the ALJ determined that FormFactor, Inc. had satisfied the domestic industry requirement with respect to the ‘751 patent, but that it had not satisfied the domestic industry requirement for the ‘485, ‘538, and ‘152 patents.

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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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ALJ Bullock Issues Supplemental Initial Determination In Certain Encapsulated Integrated Circuit Devices (337-TA-501)

By Eric Schweibenz
|
Oct
30
On October 30, 2009, ALJ Charles E. Bullock issued a notice regarding the Supplemental Initial Determination (“Supplemental ID”) in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501).

By way of background, the Complainant in this investigation is Amkor Technology, Inc. and the  Respondents are Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem, Inc.

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ALJ Bullock Sets Amended Procedural Schedule In Certain Flash Memory Chips (337-TA-664)

By Eric Schweibenz
|
Nov
09
On November 5, 2009, ALJ Charles E. Bullock issued Order No. 18: Setting the Amended Procedural Schedule in Certain Flash Memory Chips and Products Containing the Same (Inv. No. 337-TA-664).

According to the Order, a Markman hearing will take place on November 10; the evidentiary hearing in this matter will commence on May 3, 2010; the Initial Determination is due on September 18, 2010; and the target date for completion of this investigation is January 18, 2011.

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ALJ Bullock Issues Public Version of Supplemental Initial Determination In Certain Encapsulated Integrated Circuit Devices (337-TA-501)

By Eric Schweibenz
|
Nov
27
Further to our October 30 post, on November 20, 2009, ALJ Charles E. Bullock issued the public version of the Supplemental Initial Determination (“Supplemental ID”) in connection with remand proceedings in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501).

By way of background, the Complainant in this investigation is Amkor Technology, Inc. and the Respondents are Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem, Inc. (collectively “Carsem”).  On November 9, 2005, ALJ Bullock issued a Remand Initial Determination, finding that (1) there was a violation of Section 337 in connection with U.S. Patent No. 6,433,277 (the ‘277 patent); and (2) no violation of Section 337 had occurred in connection with U.S. Patent No. 6,630,728 (the ‘728 patent) and U.S. Patent No. 6,455,356 (the ‘356 patent).  In particular, ALJ Bullock found that certain of Carsem’s accused products infringe valid claims 2, 3, 21 and 22 of the ‘277 patent.

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ALJ Bullock Sets Target Date In Certain Foldable Stools (337-TA-693)

By Eric Schweibenz
|
Dec
11
Further to our December 4 and December 7 posts, on December 9, 2009, ALJ Charles E. Bullock issued Order No. 2 in Certain Foldable Stools (Inv. No. 337-TA-693).

According to the Order, ALJ Bullock set April 9, 2011 as the target date (which is 16 months after institution of the investigation).  In addition, the Order directs the parties to submit a discovery statement on or before January 11, 2010.  The Order also contains ALJ Bullock’s ground rules for the investigation.

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ALJ Bullock Grants Motion To Terminate The Investigation In Certain Articulated Coordinate Measuring Arms (337-TA-684)

By Eric Schweibenz
|
Jan
07
On January 5, 2010, ALJ Charles E. Bullock issued the public version of Order No. 10 in Certain Articulated Coordinate Measuring Arms and Components Thereof (Inv. No. 337-TA-684).

In the Order, ALJ Bullock granted a joint motion filed by Complainants Hexagon Metrology AB and Hexagon Metrology, Inc. and Respondents Nikon Metrology N.V., Metris U.S.A., Inc., Mitutoyo Corporation, and Mitutoyo America Corporation to terminate the investigation based on a settlement agreement between the parties.

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ALJ Bullock Sets Procedural Schedule In Certain Foldable Stools (337-TA-693)

By Eric Schweibenz
|
Jan
14
Further to our  December 4, December 7 and December 11 posts, on January 14, 2010, ALJ Charles E. Bullock issued Order No. 3 in Certain Foldable Stools (Inv. No. 337-TA-693).

In the Order, ALJ Bullock set the procedural schedule for the investigation, including a June 28, 2010 start date for the evidentiary hearing and a December 9, 2010 deadline for issuing the Initial Determination.

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ALJ Bullock Grants Motion To Terminate The Investigation In Certain Digital Cameras (337-TA-671)

By Eric Schweibenz
|
Jan
23
On January 21, 2010, ALJ Charles E. Bullock issued the public version of Order No. 19 in Certain Digital Cameras (337-TA-671).

In the Order, ALJ Bullock granted a joint motion filed by Complainants Samsung Electronics Company, Ltd. and Samsung Electronics America, Inc. and Respondent Eastman Kodak Company to terminate the investigation based on a settlement agreement between the parties.

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