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ALJ Essex

ALJ Essex Denies Motion To Dismiss In Certain LED Photographic Lighting Devices (337-TA-804)

By Eric Schweibenz
|
Oct
26
On October 25, 2011, ALJ Theodore R. Essex issued Order No. 7 in Certain LED Photographic Lighting Devices and Components Thereof(Inv. No. 337-TA-804).

According to the Order, Respondent Shantou Nanguang Photographic Equipment Co., Ltd. (“Nanguang”) filed a motion to dismiss for failure to state a claim upon which relief can be granted.  Complainants Litepanels, Ltd. and Litepanels, Inc. (collectively, “Litepanels”) opposed the motion and argued that there was no precedent for what Nanguang was requesting, particularly since the ITC already passed on the sufficiency of the complaint when it approved the initiation of the investigation.  Litepanels further argued that the complaint contains more than adequate detail to establish its claim that there has been a violation of Section 337.  The Commission Investigative Staff opposed the motion and argued that there was more than sufficient detail in the complaint. 
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ALJ Essex Grants Motion To Terminate Investigation As To Visio In Certain LED Photographic Lighting Devices (337-TA-804)

By Eric Schweibenz
|
Nov
09
On November 8, 2011, ALJ Theodore R. Essex issued Order No. 8 in Certain LED Photographic Lighting Devices and Components Thereof (Inv. No. 337-TA-804).

In the Order, ALJ Essex granted a motion filed by Respondent Visio Light, Inc. to terminate the investigation based on entry of a consent order.
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ALJ Essex Sets Procedural Schedule In Certain Devices For Improving Uniformity Used In A Backlight Module (337-TA-805)

By Eric Schweibenz
|
Nov
17
On November 15, 2011, ALJ Theodore R. Essex issued Order No. 8 in Certain Devices For Improving Uniformity Used In A Backlight Module and Components Thereof and Products Containing the Same (Inv. No. 337-TA-805).

Please note that according to a September 26, 2011 notice, Chief ALJ Charles E. Bullock reassigned this investigation from ALJ Rogers to ALJ Essex.
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ALJ Essex Sets Procedural Schedule In Certain LED Photographic Lighting Devices (337-TA-804)

By Eric Schweibenz
|
Nov
30
On November 28, 2011, ALJ Theodore R. Essex issued Order No. 10 in Certain LED Photographic Lighting Devices and Components Thereof(Inv. No. 337-TA-804).

In the Order, ALJ Essex set the procedural schedule for the investigation and indicated that the evidentiary hearing will commence on June 18, 2012.  Also, ALJ Essex determined that a Markman hearing in this investigation is “not practical.”  ALJ Essex noted that      “[w]hile the number of patents and asserted claims could certainly benefit from a Markman hearing, that alone does not warrant holding the hearing especially since it is not clear that the technology is so complex that holding an early tutorial and Markman hearing would provide some benefit.”  In addition, ALJ Essex further noted that “he has at least one hearing every single month from February through August of next year, with some months having two hearings.”  Thus,      “[e]ven if it were possible to hold a Markman hearing, it is highly unlikely that the ALJ will be able to construe the claims in a timely manner given his docket and responsibilities in other investigations.”
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ALJ Essex Grants Motion To Terminate Investigation As To Hon Hai Precision And Foxconn In Certain Handheld Electronic Computing Devices (337-TA-769)

By Eric Schweibenz
|
Nov
30
On November 28, 2011, ALJ Theodore R. Essex issued Order No. 23 in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof (Inv. No. 337-TA-769).

According to the Order, ALJ Essex granted a joint motion filed by Complainant Microsoft Corporation (“Microsoft”) and Respondents Hon Hai Precision Industry Co., Ltd., Foxconn Electronics, Inc., Foxconn Precision Component (Shenzhen) Co. Ltd., and Foxconn International Holdings Ltd. (collectively “Foxconn/Hon Hai”) to terminate the investigation based on Microsoft’s withdrawal of allegations in its complaint against Foxconn/Hon Hai.  More specifically, the Order indicates that Foxconn/Hon Hai “are not currently involved in the manufacture or final assembly (including the loading of software) for importation, sale for importation, importation or sale after importation into the United States of any of the accused Barnes and Noble Nook Products.”  Accordingly, for good cause shown, ALJ Essex granted the joint motion filed by Microsoft and Foxconn/Hon Hai.  The investigation remains pending against other respondents.
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ALJ Essex Grants Motions To Terminate Investigation In Certain Protective Cases (337-TA-780)

By Eric Schweibenz
|
Dec
21
On November 29, 2011, ALJ Theodore R. Essex issued the public versions of Order Nos. 19 and 20 (both dated November 29, 2011) in Certain Protective Cases and Components Thereof (Inv. No. 337-TA-780).

In Order No. 19, ALJ Essex granted a joint motion filed by Complainant Otter Products, LLC (“Otter”) and Respondents Cellairis Franchise, Inc. and Global Cellular, Inc. to terminate the Investigation based on a settlement agreement.
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ALJ Essex Issues Initial Determination Finding Violation Of Section 337 In Certain Mobile Devices (337-TA-744)

By Eric Schweibenz
|
Dec
21
On December 20, 2011, ALJ Theodore R. Essex issued a notice regarding the Initial Determination (“ID”) in Certain Mobile Devices, Associated Software, and Components Thereof (Inv. No. 337-TA-744).

By way of background, the Complainant in this investigation is Microsoft Corporation and the Respondent is Motorola Mobility, Inc.
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ALJ Essex Issues Initial Determination In Certain Mobile Devices (337-TA-750)

By Eric Schweibenz
|
Jan
17
On January 13, 2012, ALJ Theodore R. Essex issued a notice regarding the Initial Determination (“ID”) in Certain Mobile Devices and Related Software Thereof (Inv. No. 337-TA-750).

By way of background, the Complainant in this investigation is Apple, Inc. and the Respondent is Motorola Mobility, Inc.
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ALJ Essex Grants Joint Motion To Terminate Investigation As To Broadcom In Certain Semiconductor Chips (337-TA-753)

By Eric Schweibenz
|
Jan
18
On January 17, 2011, ALJ Theodore R. Essex issued the public version of Order No. 60 (dated January 17, 2012) in Certain Semiconductor Chips and Products Containing Same (Inv. No. 337-TA-753).

By way of background, this Investigation is based on a December 1, 2010 complaint filed by Rambus, Inc., of Sunnyvale, California (“Rambus”) alleging violation of Section 337 by more than thirty named Respondents, including Broadcom Corporation of Irvine, California (“Broadcom”).  See our January 5, 2011 post for more details.
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ALJ Essex Grants Joint Motion To Terminate Investigation In Certain Strollers And Playards (337-TA-762)

By Eric Schweibenz
|
Jan
18
On January 18, 2011, ALJ Theodore R. Essex issued Order No. 11 in Certain Strollers and Playards (Inv. No. 337-TA-762).

In the Order, ALJ Essex granted a joint motion filed by Complainant Graco Children’s Products, Inc. and Respondent Baby Trend, Inc. to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Essex granted the joint motion and dismissed the investigation in its entirety.
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ALJ Essex Grants Motion To Terminate Investigation In Certain Flat Panel Display Devices (337-TA-793)

By Eric Schweibenz
|
Jan
24
On January 19, 2012, ALJ Theodore R. Essex issued Order No. 15 in Certain Flat Panel Display Devices, and Products Containing the Same(Inv. No. 337-TA-793).  

In the Order, ALJ Essex granted a joint motion filed by Complainant AU Optronics Corporation and AU Optronics Corporation America and Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., AT&T Mobility LLC, Best Buy Stores, L.P., BestBuy.com, LLC, Best Buy Purchasing, LLC, and Interbond Corporation of America d/b/a BrandsMart U.S.A. to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Essex granted the joint motion.
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ALJ Essex Sets Target Date In Certain Communication Equipment (337-TA-817)

By Eric Schweibenz
|
Jan
24
Further to our December 10, 2011 post, on January 19, 2012, ALJ Theodore R. Essex issued Order No. 4:  Setting the Target Date and Date for Submission of Proposed Procedural Schedule in Certain Communication Equipment, Components thereof, and Products Containing Same, Including Power Over Ethernet Telephones, Switches, Wireless Access Points, Routers and Other Devices Used in WLANs and Cameras (Inv. No. 337-TA-817).

In the Order, ALJ Essex set April 7, 2013 as the target date for completing the investigation (which is approximately 16 months after institution of the investigation).  Therefore, any final initial determination is due no later than December 7, 2012. 
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ALJ Essex Denies Motions For Summary Determination Of Invalidity And Noninfringement In Certain Handheld Electronic Computing Devices (337-TA-769)

By Eric Schweibenz
|
Feb
02
On January 31, 2012, ALJ Theodore R. Essex issued Order No. 33 denying Respondents Barnes and Noble, Inc. and BarnesandNoble.com’s (collectively, “B&N”) motions for summary determination of invalidity and noninfringement in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof(Inv. No. 337-TA-769).

According to the Order, ALJ Essex reviewed the memoranda submitted by B&N in support of its motion (joined by Respondent Inventec Corp. (“Inventec”)) for summary determination that U.S. Patent No. 5,889,522 is invalid, as well as those submitted by Complainant Microsoft Corp. (“Microsoft”) and the Commission Investigative Staff (“OUII”) in opposition, and found that summary determination was inappropriate because every aspect of B&N’s motion was opposed by Microsoft and OUII and genuine issues of material fact remain.  The ALJ denied B&N’s motion (also joined by Inventec) for summary determination of noninfringement of U.S. Patent No. 6,597,233 on the same grounds.
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ALJ Essex Grants Joint Motion To Terminate Investigation As To Patriot Memory In Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (337-TA-788)

By Eric Schweibenz
|
Feb
09
On February 7, 2012, ALJ Theodore R. Essex issued Order No. 13 in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives and Components Thereof(Inv. No. 337-TA-788).

In the Order, ALJ Essex granted a motion filed by Complainants Trek Technology (Singapore) Pte. Ltd., Trek 2000 International Ltd., and S-Com (S) Pte. Ltd. (collectively, “Trek”) and Respondent Patriot Memory, LLC (“Patriot”) to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Essex granted the joint  motion filed by Trek and Patriot.
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ALJ Essex Sets Procedural Schedule In Certain Communication Equipment (337-TA-817)

By Eric Schweibenz
|
Feb
09
Further to our December 10, 2011 and January 24, 2012 posts, on February 7, 2012, ALJ Theodore R. Essex issued Order No. 6:  Setting Procedural Schedule in Certain Communication Equipment, Components thereof, and Products Containing Same, Including Power Over Ethernet Telephones, Switches, Wireless Access Points, Routers and Other Devices Used in WLANs and Cameras (Inv. No. 337-TA-817).

In the Order, ALJ Essex set the procedural schedule for the investigation and included provisions for the early exchange of claim construction terms and proposed constructions.  ALJ Essex further indicated that the evidentiary hearing will commence on August 27, 2012, any final initial determination will issue no later than December 7, 2012, and the target date for completion of the investigation is April 7, 2013 (which is approximately 16 months after institution of the investigation).
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ALJ Essex Grants Joint Motion To Terminate Investigation As To Elation Lighting In Certain LED Photographic Lighting Devices (337-TA-804)

By Eric Schweibenz
|
Feb
10
On February 8, 2012, ALJ Theodore R. Essex issued Order No. 14 in Certain LED Photographic Lighting Devices and Components Thereof (Inv. No. 337-TA-804).

In the Order, ALJ Essex granted a joint motion filed by Complainants Litepanels, Ltd. and Litepanels, Inc. (collectively, “Litepanels”) and Respondent Elation Lighting, Inc. (“Elation”) to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Essex granted the joint  motion filed by Litepanels and Elation.
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ALJ Essex Issues Initial Determination Granting Default in Certain Protective Cases (337-TA-780)

By Eric Schweibenz
|
Feb
13
On February 9, 2012, ALJ Theodore R. Essex issued Order No. 25 granting Complainant’s motion for entry of default against certain respondents and granting respondent National Cellular’s motion for default in Certain Protective Cases and Components Thereof (Inv. No. 337-TA-780).

By way of background, the investigation is based on a complaint filed by Otter Products, LLC (“Otter”) alleging violation of Section 337 in the importation into the U.S. and sale of certain protective cases and components thereof that infringe several U.S. utility and design patents.  See our May 27, 2011 post for more details.
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ALJ Essex Grants Microsoft’s Motion for Summary Determination of Barnes & Noble’s Patent Misuse Defense in Certain Handheld Electronic Computing Devices (337-TA-769)

By Eric Schweibenz
|
Feb
17
On February 13, 2012, ALJ Theodore R. Essex issued the public version of Order No. 32 (dated January 31, 2012) granting Microsoft’s Motion for Summary Determination, thereby eliminating an affirmative defense of patent misuse raised by Barnes & Noble, Inc. and barnesandnoble.com (collectively, “Barnes & Noble”) in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof(Inv. No. 337-TA-769).

The investigation relates to allegations of infringement by the Barnes & Noble Nook e-readers, which run the Android operating system.  According the Order, Barnes & Noble alleged that Microsoft was guilty of patent misuse because of Microsoft’s (1) licensing program; (2) alleged unfair licensing terms; (3) agreements with Nokia relating to the Windows mobile operating systems; and (4) purchase of other patents.
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ALJ Essex Grants Microsoft's Motion For Summary Determination Regarding Economic Prong Of Domestic Industry Requirement In Certain Handheld Electronic Computing Devices (337-TA-769)

By Eric Schweibenz
|
Feb
23
On February 21, 2012, ALJ Theodore R. Essex issued the public version of Order No. 34 (dated February 6, 2012) granting Complainant Microsoft Corporation’s (“Microsoft”) motion for summary determination that it satisfies the economic prong of the domestic industry requirement in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof(Inv. No. 337-TA-769).

According to the Order, Microsoft relied on its investments in its Windows Phone 7 products as well as the investments of its licensee, Amazon.com, in the Kindle 3 e-reader product, arguing that these investments in plant and equipment, significant employment of labor and capital, and substantial investments in the exploitation of the asserted patents through engineering and research and development each independently meet the economic prong of the domestic industry requirement.  More specifically, Microsoft pointed to its investments to develop Windows Phone 7 and integrate it on original equipment manufacturer’s mobile devices to satisfy the economic prong for U.S. Patent Nos. 5,778,372 (the ‘372 patent), 5,889,522 (the ‘522 patent), 6,339,780 (the ‘780 patent) and 6,891,551 (the ‘551 patent), and asserted that its Mobil Group provided engineering, research, development, design, integration, stabilization, commercialization and continued support of Microsoft’s mobile operations systems, services and software, including Windows Phone 7, since 2008 at Microsoft’s headquarters in Redmond, Washington.  Microsoft contended that Amazon.com’s investments in the Kindle 3 e-reader satisfied the economic prong with respect to U.S. Patent No. 6,957,233 (the ‘233 patent).
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ALJ Essex Grants Joint Motion To Partially Terminate Investigation In Certain Semiconductor Chips (337-TA-753)

By Eric Schweibenz
|
Mar
07
On March 2, 2012, ALJ Theodore R. Essex issued Order No. 64 in Certain Semiconductor Chips and Products Containing Same (Inv. No. 337-TA-753).

By way of background, this Investigation is based on a December 1, 2010 complaint filed by Rambus, Inc., of Sunnyvale, California (“Rambus”) alleging violation of Section 337 by more than thirty named Respondents, including Motorola Mobility, Inc. (“Motorola”).  See our January 5, 2011 post for more details.
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The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important ITC issues. These postings are in no way representative of the opinions of the Oblon firm, or its clients, but rather the personal views of the individual authors.