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ALJ Essex

ALJ Essex Issues Initial Determination Terminating Investigation In Certain Active Comfort Footwear (337-TA-660)

By Eric Schweibenz
|
Jul
14
On July 13, 2009, ALJ E. James Gildea issued the public version of Order No. 12 in Certain Active Comfort Footwear (337-TA-660).  In the Order, ALJ Gildea granted Complainants Masai Marketing & Trading AC and Masai USA Corp.’s (“Masai”) (1) motion to terminate the Investigation in its entirety by reason of confidential settlement agreement with Respondent RYN Korea Co. Ltd. (“RYN”), and (2) motion to withdrawal its Complaint against the remaining respondents The Tannery (“Tannery”) and A Better Way to Health (“Better Way”).

According to the Order, while Complainants only settled with RYN and not the other named respondents (Tannery and Better Way), Masai requested that the investigation be terminated with respect to all respondents because “RYN is the only producer of the accused products in this Investigation.”  The Commission Investigative Staff supported the termination motion and did not oppose the withdrawal motion.
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ALJ Essex Sets Target Date In Certain Course Management System Software Products (337-TA-677)

By Eric Schweibenz
|
Jul
21
On July 20, 2009, ALJ Theodore R. Essex issued Order No. 4 in Certain Course Management System Software Products (Inv. No. 337-TA-677) setting the target date for completing the investigation.

According to the Order, ALJ Essex set October 12, 2010 as the target date (which is 16 months after institution of the investigation).  ALJ Essex further indicated that any final initial determination on violation should be filed no later than June 9, 2010.  In addition, ALJ Essex noted that the evidentiary hearing in this matter will commence on February 22, 2010.  In the Order, ALJ Essex also observed that these target and hearing dates might be extended if he grants a currently pending motion to stay the investigation in light of a reexamination proceeding at the U.S. Patent and Trademark Office, and an appellate proceeding before the U.S. Court of Appeals for the Federal Circuit.
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ALJ Essex Issues Recommended Determination That The Commission Should Grant In Part Complainant’s Motion for Attorney’s Fees And Sanctions in Certain Composite Wear Components (337-TA-644)

By Eric Schweibenz
|
Jul
21
On July 20, 2009, ALJ Theodore R. Essex issued the public version of a Recommended Determination (“RD”) that the International Trade Commission grant Complainant Magotteaux International S/A and Magotteaux, Inc. (collectively “Magotteaux”) attorney’s fees incurred in responding to the Commission Investigative Staff’s (“Staff”) Motion for Initial Determination finding Respondents AIA Engineering Limited and Vega Industries (collectively “Respondents”) in Default and in preparing Magotteaux’s own Motion for Default and Adverse Inferences in Certain Composite Wear Components and Products Containing Same (Inv. No. 337-TA-644).

As indicated in our July 8 post, ALJ Essex issued an Initial Determination (“ID”) on May 8, 2009 finding Respondents in default under Commission Rule 210.16(a)(2) based on failure to participate in discovery, that Respondents’ conduct in the investigation warranted adverse inferences under Commission Rule 210.17, and that Respondents were in violation of Section 337 on that basis.  On July 7, 2009, the Commission issued a notice determining not to review the ID, and requesting written submissions regarding the form of remedy, if any, that should be ordered.
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ALJ Essex Extends Target Date And Sets Procedural Schedule In Certain Refrigerators (337-TA-632)

By Eric Schweibenz
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Jul
22
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ALJ Essex Issues Initial Determination Staying Investigation In Course Management System Software Products (337-TA-677) Pending Decision By Federal Circuit

By Eric Schweibenz
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Jul
27
On July 24, 2009, ALJ Theodore R. Essex issued Order No. 5 in Certain Course Management System Software Products (Inv. No. 337-TA-677), staying the investigation pending a decision from the Federal Circuit in an appeal between the same parties on the identical patent that is the subject of the 677 investigation.

As we explained in our April 22 and June 5 posts, Complainant Blackboard, Inc. (“Blackboard”) accused respondent Desire2Learn Incorporated (“D2L”) of violating Section 337 based on infringement of U.S. Patent No. 6,988,138 (“the ‘138 patent”).  The ‘138 patent is currently involved in a reexamination proceeding at the U.S. Patent and Trademark Office and an appellate proceeding before the Court of Appeals for the Federal Circuit.
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ALJ Essex Extends Target Date And Reschedules Hearing Dates In Certain Optoelectronic Devices (337-TA-669)

By Eric Schweibenz
|
Aug
12
On August 10, 2009, ALJ Theodore R. Essex issued Order No. 5 in Certain Optoelectronic Devices, Components Thereof, and Products Containing The Same (Inv. No. 337-TA-669).  In the Order, ALJ Essex extends the target date for this investigation by one month to July 12, 2010, and moves the hearing dates back by approximately one month to November 16-20, 2009.

According to the Order, the “ALJ’s docket has gotten increasingly busy – in addition to his responsibilities in other investigations, the ALJ has two final initial determinations in Investigation Nos. 337-TA-630 and 337-TA-657 and a remand initial determination in Investigation No. 337-TA-632 due prior to the hearing dates in this investigation as well as an evidentiary hearing in Investigation No. 337-TA-661, all of which are set to transpire before the hearing dates in this investigation.”
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Update Regarding Certain Optoelectronic Devices (337-TA-669)

By Eric Schweibenz
|
Aug
14
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Update Regarding Certain MLC Flash Memory Devices (337-TA-683)

By Eric Schweibenz
|
Sep
01
Further to our August 25 post, on August 27, 2009, ALJ Theodore R. Essex issued Order No. 1: Protective Order and Order No. 2: Notice of Ground Rules and Order Setting Date for Submission of Discovery Statements and Date for Preliminary Conference in Certain MLC Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-683). 

In Order No. 2, ALJ Essex directed the parties to submit a discovery statement on or before September 17, 2009.  Also, ALJ Essex scheduled a preliminary conference for October 6, 2009.
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ALJ Essex Denies Third Party Motion For Access To Hearing Testimony Of Tessera’s Expert In Certain Semiconductor Chips (337-TA-630)

By Eric Schweibenz
|
Sep
01
On August 28, 2009, ALJ Theodore R. Essex issued Order No. 47 in Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-630).  In the Order, ALJ Essex denied a motion brought by third party Qualcomm Incorporated (“Qualcomm”) for an order granting access to a non-confidential version of the evidentiary hearing testimony of Tessera, Inc.’s (“Tessera”) infringement expert, Dr. Qu.

In support of its motion, Qualcomm argued that the First Amendment of the U.S. Constitution guarantees members of the public the right to access non-confidential records of judicial and administrative proceedings in order to “ensure transparency and consistency in Commission adjudications.”
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ALJ Essex Issues Initial Determination Finding No Violation Of Section 337 In Certain Semiconductor Chips (337-TA-630)

By Eric Schweibenz
|
Sep
01
On August 28, 2009, ALJ Theodore R. Essex issued a notice regarding his Final Initial and Recommended Determinations (“ID”) in Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-630).

The Complainant in this investigation is Tessera, Inc. and the Respondents are Acer, Inc., Acer America Corporation, Nanya Technology Corporation, Nanya Technology Corporation U.S.A., Powerchip Semiconductor Corporation, Elpida Memory, Inc., Elpida Memory (USA) Inc., ProMOS Technologies, Inc., Kingston Technology Co., Ltd., Ramaxel Technology Ltd., Centon Electronics, Inc., Smart Modular Technologies, Inc., TwinMOS Technologies Inc., and TwinMOS Technologies USA Inc.
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ALJ Essex Issues Public Version of Initial Determination Finding No Violation In Certain Semiconductor Chips (337-TA-630)

By Eric Schweibenz
|
Oct
01
Further to our September 1 post, on September 24, 2009, ALJ Theodore R. Essex issued the public version of his Final Initial and Recommended Determinations (“ID”) in Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-630).  The Complainant in this investigation is Tessera, Inc. (“Tessera”) and the Respondents are Acer, Inc., Acer America Corporation, Elpida Memory, Inc., Elpida Memory (USA) Inc., Kingston Technology Corporation, Nanya Technology Corporation, Nanya Technology Corporation U.S.A., Powerchip Semiconductor Corporation, ProMOS Technologies, Inc., Ramaxel Technology, Ltd., Centon Electronics, Inc., SMART Modular Technologies, Inc., TwinMOS Technologies, Inc., and TwinMOS Technologies USA Inc. (collectively, “Respondents”).

In the 185-page ID, ALJ Essex determined that no violation of Section 337 had occurred in connection with the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain semiconductor chips with minimized chip package size and products containing same in connection with certain claims of U.S. Patent No. 5,663,106 (the ‘106 patent), U.S. Patent No. 5,679,977 (the ‘977 patent), and U.S. Patent No. 6,133,627 (the ‘627 patent).  Further, ALJ Essex determined that a domestic industry exists that practices the patents-in-suit.
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ALJ Essex Sets Target Date In Certain MLC Flash Memory Devices (337-TA-683)

By Eric Schweibenz
|
Oct
07
Further to our August 25 and September 1 posts, on October 6, 2009, ALJ Theodore R. Essex issued Order No. 5: Setting Target Date and Date for Submission of Proposed Procedural Schedules in Certain MLC Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-683).

According to the Order, ALJ Essex set November 30, 2010 as the target date (which is approximately 15 months after institution of the investigation).  ALJ Essex further indicated that any final initial determination on violation should be filed no later than July 30, 2010.  In addition, ALJ Essex noted that the evidentiary hearing in this matter will commence on March 22, 2010.
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ALJ Essex Sets Procedural Schedule In Certain MLC Flash Memory Devices (337-TA-683)

By Eric Schweibenz
|
Oct
19
On October 15, 2009, ALJ Theodore R. Essex issued Order No. 7: Setting Procedural Schedules in Certain MLC Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-683).

In the Order, ALJ Essex set the procedural schedule for the investigation.  He included a provision for the early exchange of claim construction terms and proposed constructions, and scheduled the evidentiary hearing to begin on March 22, 2010.
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Update Regarding Certain Inkjet Ink Supplies (337-TA-691)

By Eric Schweibenz
|
Oct
26
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ALJ Essex Issues Public Version Of Initial Determination In Certain Automotive Multimedia Display And Navigation Systems (337-TA-657)

By Eric Schweibenz
|
Nov
04
On October 27, 2009, ALJ Theodore R. Essex issued the public version of the Initial Determination (“ID”) (dated September 22, 2009) in Certain Automotive Multimedia Display and Navigation Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-657).

By way of background, the Complainant in this investigation is Honeywell International, Inc. (“Honeywell”).  The original Respondents were Alpine Electronics, Inc.; Alpine Electronics of America, Inc.; Denso Corporation; Denso International America, Inc.; Pioneer Corp.; Pioneer Electronics (USA) Inc.; Kenwood Corp.; and Kenwood USA Corp.  However, all of the Respondents other than Pioneer Corp. and Pioneer Electronics (USA) Inc. (collectively, “Pioneer”) were terminated from the investigation before the issuance of the ID as a result of settlement agreements with Honeywell.
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ALJ Essex Sets Target Date In Certain Hybrid Electric Vehicles (337-TA-688)

By Eric Schweibenz
|
Nov
11
Further to our October 6 and October 7 posts, on November 9, 2009, ALJ Theodore R. Essex issued Order No. 3: Setting Target Date and Date for Submission of Proposed Procedural Schedules in Certain Hybrid Electric Vehicles and Components Thereof (Inv. No. 337-TA-688).

According to the Order, ALJ Essex set November 9, 2010 as the target date (which is 13 months after institution of the investigation).  ALJ Essex further indicated that any final initial determination on violation should be filed no later than July 9, 2010.  In addition, ALJ Essex noted that the evidentiary hearing in this matter will commence on April 19, 2010.
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ALJ Essex Sets Procedural Schedule In Certain Hybrid Electric Vehicles (337-TA-688)

By Eric Schweibenz
|
Nov
23
On November 20, 2009, ALJ Theodore R. Essex issued Order No. 4: Setting Procedural Schedule in Certain Hybrid Electric Vehicles and Components Thereof (Inv. No. 337-TA-688).

In the Order, ALJ Essex set the procedural schedule for the investigation.  ALJ Essex scheduled the evidentiary hearing in this matter to begin on April 19, 2010.
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Update Regarding Certain Inkjet Ink Supplies (337-TA-691)

By Eric Schweibenz
|
Nov
24
Further to our October 23 and October 26 posts, on November 23, 2009, ALJ Theodore R. Essex issued Order No. 4: Setting Target Date and Date for Submission of Proposed Procedural Schedules in Certain Inkjet Ink Supplies and Components Thereof (Inv. No. 337-TA-691).

According to the Order, ALJ Essex set February 28, 2011 as the target date (which is approximately 16 months after institution of the investigation).  ALJ Essex further indicated that any final initial determination on violation should be filed no later than October 29, 2010.  In addition, ALJ Essex noted that the evidentiary hearing in this matter will commence on July 16, 2010.
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ALJ Essex Sets Procedural Schedule In Certain Inkjet Ink Supplies (337-TA-691)

By Eric Schweibenz
|
Dec
09
On December 8, 2009, ALJ Theodore R. Essex issued Order No. 5: Setting Procedural Schedules in Certain Inkjet Ink Supplies and Components Thereof (Inv. No. 337-TA-691).

In the Order, ALJ Essex set the procedural schedule for the investigation, including a July 16, 2010 start date for the evidentiary hearing.
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ALJ Essex Grants Motion To Terminate The Investigation In Certain Course Management System Software Products (337-TA-677)

By Eric Schweibenz
|
Dec
29
On December 28, 2009, ALJ Theodore R. Essex issued the public version of Order No. 6 in Certain Course Management System Software Products (Inv. No. 337-TA-677).

In the Order, ALJ Essex granted a joint motion filed by Complainant Blackboard Inc. and Respondent Desire2Learn Incorporated to terminate the investigation based on a settlement agreement between the parties.
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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.