ALJ Essex

ALJ Essex Grants Motion To Strike In Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)

By Eric Schweibenz
|
Feb
12
On February 4, 2014, ALJ Theodore R. Essex issued the public version of Order No. 85 (dated December 23, 2013) in Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof (Inv. No 337-TA-868).

According to the Order, Complainants InterDigital Communications, Inc.; InterDigital Technology Corporation; IPR Licensing, Inc.; and InterDigital Holdings, Inc. (collectively, “InterDigital”) filed a motion to strike portions of the expert reports of Dr. James Olivier regarding assertions made relating to U.S. Patent No. 7,502,406 (the ‘406 patent).  InterDigital argued that Respondents Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC’s (“Samsung”) contention interrogatories did not support assertions made in Dr. Olivier’s report relating to the ‘406 patent’s priority date.  Specifically, Dr. Olivier’s report asserted that the ‘406 patent is not entitled to a priority date based on U.S. Provisional Application No. 60/000,775 (“the ‘775 provisional”) because the ‘775 provisional does not support certain claim terms.  Additionally, InterDigital argued that Samsung’s non-infringement contentions did not support certain non-infringement contentions contained in Dr. Olivier’s rebuttal report.

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ALJ Essex Sets 15-Month Target Date In Certain Acousto-Magnetic Electronic Article Surveillance Systems (337-TA-904)

By Eric Schweibenz
|
Feb
18
Further to our January 10, 2014 post, on February 12, 2014, ALJ Theodore R. Essex issued Order No. 4 in Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components Thereof, and Products Containing Same(Inv. No. 337-TA-904).

By way of background, the investigation is based on a December 11, 2013 complaint and December 23, 2013 letter supplementing the complaint filed by Tyco Fire & Security GmbH of Switzerland, Sensormatic Electronics, LLC of Boca Raton, Florida, and Tyco Integrated Security, LLC of Boca Raton, Florida alleging violations of Section 337 in the importation into the U.S. and sale of certain acousto-magnetic electronic article surveillance devices that infringe one or more claims of U.S. Patent Nos. 5,729,200 and 6,181,245.  See our December 13, 2013 post for more details on the complaint.  According to the Notice of Investigation, the Commission has identified Ningbo Signatronic Technologies, Ltd. of China, All-Tag Security Americas, Inc. of Boca Raton, Florida, All-Tag Security Hong Kong Co. Ltd. of Hong Kong, All-Tag Europe SPRL of Belgium, All-Tag Security UK, Ltd. of the United Kingdom, Best Security Industries of Delray Beach, Florida, and Signatronic Corporation of Boca Raton, Florida as respondents in the investigation.  See our January 10, 2014 post for more details on the Notice of Investigation.

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ALJ Essex Rules On Motions For Summary Determination In Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)

By Eric Schweibenz
|
Feb
19
On February 11, 2014, ALJ Theodore R. Essex issued the public versions of Order Nos. 91, 92 and 93 (dated January 24, January 30 and January 30, 2014, respectively) in Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof (Inv. No. 337-TA-868).

According to Order No. 91, Respondents Samsung Electronics Co. Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”) fied a motion for partial summary determination that Samsung does not infringe U.S. Patent No. 7,502,406 (“the ‘406 patent”).  Subsequent to Samsung’s Motion, in another ITC investigation (Inv. No. 337-TA-800) where Complainants InterDigital Communications, Inc., InterDigital Technology Corporation, IPR Licensing, Inc., and InterDigital Holdings, Inc. (collectively, “InterDigital”) asserted the ‘406 patent, the ITC construed the term “power control bit.”  See our January 3, 2014 post for more details on the ITC’s claim construction.  Based on the ITC’s claim construction in the ‘800 investigation, InterDigital and Samsung filed a joint stipulation under which the parties agreed to terminate the investigation as to the ‘406 patent based on non-infringement.  Accordingly, ALJ Essex found that Samsung is entitled to summary determination of non-infringement of the asserted claims of the ‘406 patent.

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ALJ Essex Rules On Motion For Partial Summary Determination in Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)

By Eric Schweibenz
|
Feb
25
On February 19, 2014, ALJ Theodore R. Essex issued the public version of Order No. 96 (dated February 5, 20140, an initial determination granting-in-party and denying-in-part respondent Samsung’s motion for summary determination that it does not infringe certain patents in Certain Wireless Devices With 3G And/Or 4G Capabilities And Components Thereof (Inv. No. 337-TA-868). 

According to the Order, Respondents Samsung Electronics Co. Ltd and Samsung Telecommunications America, LLC (collectively, “Samsung”) filed a motion for summary determination that it does not infringe the asserted claims of U.S. Patent Nos. 7,706,830 (the ‘830 patent), 8,009,636 (the ‘636 patent), 7,190,966 (the ‘966 patent), and 7,286,847 (the ‘847 patent) (collectively, “the Power Ramp-Up patents”).  Respondents Huawei Technologies Co., Ltd., Huawei Device USA, Inc., Future Wei Technologies, Inc., ZTE Corporation, and ZTE (USA) joined the motion in part with respect to the ‘966 and ‘847 patents.  Complainants InterDigital Communications Inc., InterDigital Technology Corporation, IPR Licensing, Inc., and InterDitigal Holdings, Inc. (collectively, “InterDigital”) filed an opposition. 

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ALJ Essex Denies Two Motions For Summary Determination In Certain Wireless Devices With 3G AND/OR 4G Capabilities (337-TA-868)

By Eric Schweibenz
|
Mar
03
On February 19, 2014, ALJ Theodore R. Essex issued  the public versions of Orders No. 94 and 95 (both dated February 4, 2014) in Certain Wireless Devices With 3G And/Or 4G Capabilities And Components Thereof (Inv. No. 337-TA-868).

According to Order No. 94, Complainants InterDigital Communications, Inc., InterDigital Technology Corporation, IPR Licensing, Inc., and InterDigital Holdings, Inc. (collectively, “InterDigital”) filed a motion for summary determination that U.S. Patent No. 7,941,151 (the ‘151 patent) is not unenforceable based on inequitable conduct of the inventors or prosecuting law firm.  InterDigital also sought an order, if the motion were denied, specifying that all facts are without substantial controversy and therefore deemed established.  Respondents Samsung Electronics C. Ltd., Samsung Telecommunications America, LLC, ZTE Corporation, ZTE (USA), Inc., Huawei Technologies Co., Ltd., Huawei Device USA, INc., Future Wei Technologies, Inc., Nokia Corporation, and Nokia, Inc. (collectively, “Respondents”) filed an opposition.

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ALJ Essex Sets Target Date And Procedural Schedule For Remand Investigation In Certain 3G Mobile Handsets (337-TA-613)

By Eric Schweibenz
|
Mar
13
On March 5, 2014, ALJ Theodore R. Essex issued Order Nos. 47 and 48 in connection with the remand investigation in Certain 3G Mobile Handsets and Components Thereof (Inv. No. 337-TA-613).

By way of background, the Commission instituted the investigation on September 11, 2007 based on a complaint filed by InterDigital Communications Corp. and InterDigital Technology Corp. (collectively, “InterDigital”).  The complaint, as amended, alleged violations of Section 337 in the importation and/or sale of certain 3G mobile handsets and components thereof that infringed certain claims of U.S. Patent Nos. 7,117,004 (the ‘004 patent), 7,190,966 (the ‘966 patent), 7,286,847 (the ‘847 patent), and 6,693,579 (the ‘579 patent) by Nokia Corporation and Nokia, Inc. (collectively, “Nokia”).  On August 14, 2009, ALJ Luckern issued his final Initial Determination (“ID”) finding no violation of Section 337 on the grounds that asserted claims of the patents-in-suit were not invalid and not infringed.  Additionally, the ALJ found that the ‘004, ‘966, and ‘847 patents were not unenforceable due to prosecution laches, and that the ‘579 patent also was not unenforceable.  See our September 23, 2009 post for more details on the ID.  The Commission reviewed the ID and on October 16, 2009 issued a notice modifying the ALJ’s construction of the term “access signal” in the asserted claims of the ‘847 and ‘004 patents.  The Commission also reviewed and took no position on the ALJ’s construction of the term “synchronize” in the asserted claims of the ‘847 patent.  Further, the Commission took no position on validity with respect to any of the asserted patents and did not review the ALJ’s construction of the terms “code” and “increased power level” in the asserted claims of the ‘966 and ‘847 patents.  See our October 19, 2009 post for more details.  InterDigital appealed the Commission’s final determination, specifically regarding the unreviewed constructions of the “code” and “increased power level” limitations.  The Federal Circuit reversed the Commission’s construction of these terms, reversed the Commission’s determination of non-infringement as to the ‘966 and ‘847 patents, and remanded the case to the Commission for further proceedings.  Nokia subsequently filed a petition for panel rehearing and rehearing en banc on the issue of domestic industry which the Court denied.  See our August 3, 2012 and January 14, 2013 posts for more details on the Federal Circuit’s rulings.

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ALJ Essex Grants Summary Determination Motion On Domestic Industry In Certain Mobile Devices (337-TA-750)

By Eric Schweibenz
|
Mar
13
On March 6, 2014, ALJ Theodore R. Essex issued the public version of Order No. 14 granting Apple’s motion for summary determination that it had satisfied the economic industry prong of the domestic industry requirement in Certain Mobile Devices and Related Software (Inv. No. 337-TA-750).

According to the Order, Complainant Apple, Inc. (“Apple”) filed a motion for summary determination that it had satisfied the economic prong of the domestic industry requirement.  Apple argued that it satisfied the economic prong of the domestic industry requirement in light of its significant investment in plant and equipment, significant employment of labor and capital, and substantial investment in the exploitation of the asserted patents through engineering and research and development.  According to Apple, each of these activities independently meet the economic prong of the domestic industry requirement enumerated in § 1337(a)(3).  Regarding investments in plant and equipment, Apple pointed to its Cupertino, CA headquarters, its call center in Elk Grove, CA and numerous capital investments between 2008 and 2011 for leases in equipment and retail stores.  With respect to its significant labor investments, Apple argued that it employed numerous people in the U.S. dedicated to research and development on the iPhone 4 and Mac OS X and also employed many people to work in its retail stores.  Apple also argued that it had substantially invested in research and development by investing large amounts of money in research and development in 2008, 2009, and 2010, substantially all of which occurred in the U.S.  Apple further provided itemized expenditures regarding research and development for the technology of the asserted patents.

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ALJ Essex Sets 17-Month Target Date In Certain Vision-Based Driver Assistance System Cameras (337-TA-907)

By Eric Schweibenz
|
Mar
17
On March 4, 2014, ALJ Theodorde R. Essex issued Order No. 3 in Certain Vision-Based Driver Assistance System Cameras And Components Thereof (Inv. No. 337-TA-907).

By way of background, this investigation is based on a December 23, 2013 complaint filed by Magna Electronics Inc. of Auburn Hills, Michigan against TRW Automotive U.S. LLC of Livonia, Michigan alleging violations of Section 337 in the importation into the U.S. and sale of certain vision-based driver assistance system cameras that infringe one or more claims of U.S. Patent Nos. 8,116,929 and 8,593,521.  See our December 30, 2013 and January 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Essex Sets Procedural Schedule In Certain Acousto-Magnetic Electronic Article Surveillance Systems (337-TA-904)

By Eric Schweibenz
|
Mar
19
On February 27, 2014, ALJ Theodore R. Essex issued Order No. 5 in Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components Thereof and Products Containing the Same (Inv. No. 337-TA-904).

By way of background, the investigation is based on a December 11, 2013 complaint filed by Tyco Fire & Security GmbH, Sensormatic Electronics, LLC, and Tyco Integrated Security, LLC alleging violations of Section 337 in the importation into the U.S. and sale of certain acousto-magnetic electronic article surveillance devices that infringe one or more claims of U.S. Patent Nos. 5,729,200 and 6,181,245.  See our December 13, 2013 and January 10, 2014 posts for more details on the complaint.

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ALJ Essex Sets Procedural Schedule In Certain Vision-Based Driver Assistance System Cameras (337-TA-907)

By Eric Schweibenz
|
Mar
21
On March 20, 2014, ALJ Theodore R. Essex issued Order No. 4 in Certain Vision-Based Driver Assistance System Cameras And Components Thereof (Inv. No. 337-TA-907).

By way of background, this investigation is based on a December 23, 2013 complaint filed by Magna Electronics Inc. of Auburn Hills, Michigan against TRW Automotive U.S. LLC of Livonia, Michigan alleging violations of Section 337 in the importation into the U.S. and sale of certain vision-based driver assistance system cameras that infringe one or more claims of U.S. Patent Nos. 8,116,929 and 8,593,521.  See our December 30, 2013and January 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Essex Terminates Investigation In Certain Marine Sonar Imaging Devices (337-TA-898)

By Eric Schweibenz
|
Mar
26
On March 24, 2014, ALJ Theodore R. Essex issued Order No. 12 in Certain Marine Sonar Imaging Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-898).

By way of background, this investigation is based on a September 20, 2013 complaint filed by Navico, Inc. and Navico Holding AS of Norway (collectively, “Navico”) alleging violation of Section 337 by Raymarine, Inc., Raymarine UK Ltd. (collectively, “Raymarine”), and In-Tech Electronics Ltd. (collectively, the “Respondents”) in the importation into the U.S. and sale of certain marine sonar imaging devices, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,305,840 and 8,300,499.  See our September 24, 2013 and November 7, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Essex Grants Complainants’ Motion to Strike in Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)

By Eric Schweibenz
|
Apr
09
On March 28, 2014, ALJ Theodore R. Essex issued the public version of Order No. 111 (dated March 6, 2014) granting Complainants’ Motion to Strike in Certain Wireless Devices With 3G And/Or 4G Capabilities And Components Thereof (Inv. 337-TA-868).

By way of background, the investigation in this matter is based on a January 2, 2013 complaint filed by InterDigital Communications, Inc., InterDigital Technology Corporation, IPR Licensing, Inc., and InterDigital Holdings, Inc. (collectively, “InterDigital”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless devices with 3G and/or 4G capabilities and components thereof that infringe one or more claims of U.S. Patent Nos. 7,190,966 (the ‘966 patent); 7,286,847 (the ‘847 patent); 8,009,636; 7,706,830; 7,941,151; 7,616,970 and 7,502,406.  See our January 3, 2013 and February 1, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Essex Grants Joint Motion To Terminate Investigation Between Apple And Motorola In Certain Mobile Devices (337-TA-750)

By Eric Schweibenz
|
May
29
On May 28, 2014, ALJ Theodore R. Essex issued the public version of Order No. 22 in Certain Mobile Devices and Related Software (Inv. No. 337-TA-750).

According to the Order, ALJ Essex granted a joint motion filed by Complainant Apple, Inc. (“Apple”) and Respondent Motorola Mobility LLC (“Motorola”) to terminate the investigation.  The joint motion was based on a Settlement Agreement between Apple and Google Inc.  – the parent company of Motorola – which “eliminates the dispute between Apple and Motorola that is the subject matter of this Investigation.”

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ALJ Essex Grants-In-Part Motion To Strike Invalidity Contentions In Certain Windshield Wipers (337-TA-902)

By Eric Schweibenz
|
Jun
06
On June 3, 2014, ALJ Theodore R. Essex issued the public version of Order No. 9 (dated May 5, 2014) granting-in-part Complainant Trico Products Corp.’s (“Trico”) motion to strike the invalidity contentions of Respondents Federal-Mogul Corp. and Federal-Mogul S.A. (collectively, “Federal-Mogul”) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-902).

By way of background, this investigation is based on an October 21, 2013 complaint filed by Trico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 6,836,925 and 6,799,348.  See our October 22, 2013 and November 25, 2013 posts for more details on the complaint and the Notice of Investigation, respectively.

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ALJ Essex Denies Motion To Compel Production Of Documents In Certain Windshield Wipers (337-TA-902)

By Eric Schweibenz
|
Jun
09
On June 3, 2014, ALJ Theodore R. Essex issued the public version of Order No. 11 (dated May 19, 2014) denying Complainant Trico Products Corp.’s (“Trico”) motion to compel Respondents Federal-Mogul Corp. and Federal-Mogul SA (collectively, “Federal-Mogul”) to produce documents in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-902).

According to the Order, Trico sought to compel Federal-Mogul to conduct a search of its European-based employees and produce documents responsive to Trico’s discovery requests in light of deposition testimony of five such employees who stated that either they were not asked to collect documents, or were asked to collect only a limited set of test results.  Federal-Mogul sought to use documents from Investigation No. 337-TA-881 involving the same parties to satisfy Trico’s discovery requests in this investigation, but Trico argued that those documents are not detailed enough because (1) the accused products in this investigation were only at issue in the 881 Investigation with respect to domestic industry; and (2) the 881 Investigation concerned the wiper blade spoiler, while this investigation deals with the flexor and connecting devices on the wiper blade.  Thus, according to Trico, a new document search related to the flexor and connector is necessary.

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ALJ Essex Grants Joint Motion To Terminate Investigation As To Samsung in Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)

By Eric Schweibenz
|
Jun
10
On June 9, 2014, ALJ Theodore R. Essex issued Order No. 114 in Certain Wireless Devices With 3G And/Or 4G Capabilities And Components Thereof (Inv. 337-TA-868).

By way of background, the investigation in this matter is based on a January 2, 2013 complaint filed by InterDigital Communications, Inc., InterDigital Technology Corporation, IPR Licensing, Inc., and InterDigital Holdings, Inc. (“InterDigital”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless devices with 3G and/or 4G capabilities and components thereof that infringe one or more claims of U.S. Patent Nos. 7,190,966 (the ‘966 patent); 7,286,847 (the ‘847 patent); 8,009,636; 7,706,830; 7,941,151; 7,616,970 and 7,502,406.  See our January 3, 2013 and February 1, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Essex Terminates Investigation In Its Entirety In Certain Windshield Wipers (337-TA-902)

By Eric Schweibenz
|
Aug
07
On August 6, 2014, ALJ Theodore R. Essex issued the public version of Order No. 24 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-902).

By way of background, this investigation is based on an October 21, 2013 complaint filed by Trico Products Corporation ("Trico") alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 6,836,925 and 6,799,348. See our October 22, 2013 and November 25, 2013 posts for more details on the complaint and the Notice of Investigation, respectively.
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ALJ Essex Grants Motion To Terminate Investigation As To Creative Kidstuff In Certain Loom Kits For Creating Linked Articles (337-TA-923)

By Eric Schweibenz
|
Sep
03
On September 2, 2014, ALJ Theodore R. Essex issued Order No. 3 in Certain Loom Kits For Creating Linked Articles (Inv. No. 337-TA-923).

By way of background, the investigation is based on a July 1, 2014 complaint filed by Choon's Design Inc. ("CDI") alleging violation of Section 337 in the importation into the U.S. and sale of certain loom kits for creating linked articles that infringe claims 2-4 of U.S. Patent No. 8,485,565.  See our July 2, 2014 and August 5, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Sets 12-Month Target Date In Certain Loom Kits For Creating Linked Articles (337-TA-923)

By Eric Schweibenz
|
Sep
15
On September 11, 2014, ALJ Theodore R. Essex issued Order No. 4 in Certain Loom Kits For Creating Linked Articles (Inv. No. 337-TA-923).

By way of background, the investigation is based on a July 1, 2014 complaint filed by Choon's Design Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain loom kits for creating linked articles that infringe claims 2-4 of U.S. Patent No. 8,485,565.  See our July 2, 2014 and August 5, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Grants Motion For Protective Order Regarding The Scope Of Discovery In Certain 3G Mobile Handsets (337-TA-613)

By Eric Schweibenz
|
Sep
22
On September 17, 2014, ALJ Theodore R. Essex issued the public version of Order No. 50 (dated August 21, 2014) granting Complainants InterDigital Communications Corp.'s and InterDigital Technologies Corporation's (collectively, "InterDigital") motion for a protective order relating to certain of Respondents' interrogatories and requests for production in Certain 3G Mobile Handsets and Components Thereof (Inv. No. 337-TA-613).

By way of background, the Commission instituted this investigation on September 11, 2007 based on a complaint filed by InterDigital. The complaint, as amended, alleged violations of Section 337 in the importation and sale of certain 3G mobile handsets and components thereof that infringed certain claims of U.S. Patent Nos. 7,117,004 (the '004 patent), 7,190,966 (the '966 patent), 7,286,847 (the '847 patent), and 6,693,579 (the '579 patent).  The notice of investigation named Nokia Corp. and Nokia, Inc. (collectively, "Nokia") as Respondents.
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