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ALJ Gildea

Update Regarding Certain Display Devices, Including Digital Televisions and Monitors (337-TA-765)

By Eric Schweibenz
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Jul
26
On July 20, 2011, Chief ALJ Paul J. Luckern issued a notice in Certain Display Devices, Including Digital Televisions and Monitors (Inv. No. 337-TA-765).

In the notice, ALJ Luckern permanently reassigned the investigation to ALJ E. James Gildea.  The case was originally assigned to ALJ Carl C. Charneski.
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ALJ Gildea Grants Motions To Terminate Investigation As To Certain Respondents In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
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Jul
27
On July 25, 2011, ALJ E. James Gildea issued the public versions of Order No. 18 (dated July 25, 2011) and Order No. 19 (dated July 25, 2011) in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices and Components and Products Containing Same (Inv. No. 337-TA-773). 

In Order No. 18, ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC (“Ogma”) and Respondent Mad Katz, Inc. (“Mad Katz”) to terminate the investigation based on a license agreement with non-party RPX Corp. (“RPX”).  According to the Order, Mad Katz executed a Membership and License Agreement with RPX, and RPX is a licensee of the asserted patents.  After reviewing the confidential and non-confidential versions of the agreements, ALJ Gildea granted the joint motion filed by Ogma and Mad Katz.
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ALJ Gildea Sets Procedural Schedule In Certain Equipment for Communications Networks (337-TA-778)

By Eric Schweibenz
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Jul
27
On July 25, 2011, ALJ E. James Gildea issued Order No. 4:  Setting Procedural Schedule in Certain Equipment for Communications Networks, Including Switches, Routers, Gateways, Bridges, Wireless Access Points, Cable Modems, IP Phones, and Products Containing Same (Inv. No. 337-TA-778).

By way of background, the Complainant in this investigation is MOSAID Technologies Inc. and the Respondents are Cisco Systems, Inc., Cisco Consumer Products LLC, Cisco Systems International B.V., and Scientific Atlanta LLC.
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ALJ Gildea Orders Immediate Public Release Of Conclusions Of Law From Initial Determination In Certain Electronic Devices With Image Processing Systems (337-TA-724)

By Eric Schweibenz
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Jul
27
Further to our July 6, 2011 post, on July 25, 2011, ALJ E. James Gildea issued Order No. 48 in Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software (Inv. No. 337-TA-724). 

In the Order, ALJ Gildea granted a request by Respondent Apple Inc. to publicly release the conclusions of law from the July 1, 2011 Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in this investigation.  According to the Order, the parties made various requests to redact portions of the ID, including the conclusions of law section.  The parties also participated in multiple telephone conferences with the ALJ to allow them an opportunity to present argument on whether unredacted conclusions of law should be released to the public.  Complainants S3 Graphics Co., Ltd. and S3 Graphics, Inc. further requested that if the ALJ determined that the conclusions of law should be released, S3G should be permitted to appeal to the Commission.
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ALJ Gildea Grants Summary Determination And Recommends General Exclusion Orders In Certain Electronic Paper Towel Dispensing Devices (337-TA-718)

By Eric Schweibenz
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Jul
29
On July 21, 2011, ALJ E. James Gildea issued the public version of an Initial Determination (“ID”) (dated July 12, 2011) granting Complainant Georgia-Pacific Consumer Products LP’s (“Georgia-Pacific”) motion for summary determination that defaulting Respondents Stefco Industries, Inc. and Cellynne Corporation (collectively, “Stefco”) and defaulting Respondent NetPak Elektronik Plastik ve Kozmetik Sanayi Ve Ticaret Ltd. (“NetPak”) (Stefco and Netpak collectively, the “Defaulting Respondents”) have violated Section 337 in Certain Electronic Paper Towel Dispensing Devices and Components Thereof (Inv. No. 337-TA-718).  The ALJ also recommended that the Commission issue general exclusion orders and cease and desist orders and impose a bond of 100 percent on the Defaulting Respondents.

By way of background, the Commission instituted this investigation on May 17, 2010 based on Georgia-Pacific’s complaint of April 19, 2010.  See our May 17, 2010 post for more details.  On February 9, 2011, Georgia-Pacific filed a motion for summary determination that the Defaulting Respondents had violated Section 337 in connection with the importation, sale for importation, or sale within the U.S. after importation of certain electronic paper towel dispensing devices and components thereof that infringe certain claims of U.S. Patent Nos. 6,871,815 (the ‘815 patent), 7,017,856 (the ‘856 patent), 7,182,289 (the ‘289 patent), and 7,387,274 (the ‘274 patent) (collectively, the “asserted patents”). 
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ALJ Gildea Grants-In-Part Respondents' Motion For Summary Determination Of Invalidity In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
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Aug
01
On July 22, 2011, ALJ E. James Gildea issued Order No. 17 in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices and Components and Products Containing Same (Inv. No. 337-TA-773).  In the Order, ALJ Gildea denied Respondent Canon Inc. and Canon U.S.A., Inc.’s (collectively “Canon”) motion for summary determination that claims 1 and 2 of U.S. Patent No. 5,825,427 (the ‘427 patent) are invalid as anticipated or indefinite, but granted Canon’s motion that claim 3 of the ‘427 patent was invalid as anticipated.

Anticipation of Claims 1 and 2 of the ‘427 Patent
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ALJ Gildea Grants Motion To Terminate Investigation In Certain Wind And Solar-Powered Light Posts And Street Lamps (337-TA-736)

By Eric Schweibenz
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Aug
04
On August 2, 2011, ALJ E. James Gildea issued the public version of Order No. 20 (dated August 2, 2011) in Certain Wind and Solar-Powered Light Posts and Street Lamps(Inv. No. 337-TA-736). 

In the Order, ALJ Gildea granted an unopposed motion filed by Complainants Duggal Dimensions LLC, Duggal Energy Solutions, LLC, and Duggal Visual Solutions, Inc. (collectively, “Duggal”) to terminate the investigation based on the withdrawal of the complaint.  According to the Order, Duggal entered into a written settlement agreement with the Respondents Gus Power Incorporated, Efston Science, Inc., The StressCrete Group, and King Luminaire, Inc.  After reviewing the confidential and non-confidential versions of the settlement agreement, ALJ Gildea granted the motion filed by Duggal.
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ALJ Gildea Sets Target Date In Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794)

By Eric Schweibenz
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Aug
08
Further to our August 1, 2011 post, on August 4, 2011, ALJ E. James Gildea issued Order No. 2:  Notice of Ground Rules and Setting Target Date and Date for Submission of Proposed Procedural Schedule in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (Inv. No. 337-TA-794).

In the Order, ALJ Gildea set December 3, 2012 as the target date for completion of the investigation (which is 16 months after institution of the investigation).  Also, any final initial determination is due no later than August 3, 2012.
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ALJ Gildea Grants Motion To Terminate Investigation As To Eiki International In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
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Aug
12
On August 10, 2011, ALJ E. James Gildea issued Order No. 28 in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices and Components and Products Containing Same(Inv. No. 337-TA-773). 

According to the Order, ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC (“Ogma”) and Respondent Eiki International, Inc. (“Eiki”) to terminate the investigation based on Ogma’s withdrawal of allegations in its complaint against Eiki.  More particularly, the Order indicates that Eiki has demonstrated that its accused products are protected by license.  Accordingly, for good cause shown, ALJ Gildea granted the joint motion filed by Ogma and Eiki.
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ALJ Gildea Sets Procedural Schedule In Certain GPS Navigation Products (337-TA-783)

By Eric Schweibenz
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Aug
12
Further to our July 1, 2011 and July 8, 2011 posts, on August 10, 2011, ALJ E. James Gildea issued Order No. 4:  Setting Procedural Schedule in Certain GPS Navigation Products, Components Thereof, and Related Software(Inv. No. 337-TA-783).

By way of background, the Complainant in this investigation is Honeywell International Inc. and the Respondents are Furuno Electric Co., Ltd. and Furuno U.S.A., Inc.
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ALJ Gildea Sets 19-Month Target Date In Certain Portable Electronic Devices And Related Software (337-TA-797)

By Eric Schweibenz
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Aug
15
Further to our August 10, 2010 post, on August 12, 2011, ALJ E. James Gildea issued Order No. 2 in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-797).

In the Order, ALJ Gildea set March 7, 2013 as the target date for completion of the investigation (which is approximately 19 months after institution of the investigation) due to the large number of asserted patent claims (i.e., over 70) and the ALJ’s current caseload.  Also, any final initial determination is due no later than November 7, 2012.  ALJ Gildea also noted that “[f]urther adjustments may need to be made to the target date later in 2012, depending on the development of this Investigation and the Administrative Law Judge’s commitments in other already instituted Investigations, as the Administrative Law Judge’s docket for mid-2012 is particularly crowded.”
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ALJ Gildea Sets Procedural Schedule In Certain Electric Fireplaces (337-TA-791)

By Eric Schweibenz
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Aug
15
Further to our July 15, 2011, July 18, 2011, and July 22, 2011 posts, on August 11, 2011, ALJ E. James Gildea issued Order No. 3:  Setting Procedural Schedule in Certain Electric Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same (Inv. No. 337-TA-791).

In the Order, ALJ Gildea set the procedural schedule for the investigation and determined that the evidentiary hearing will commence on May 22, 2012, any final initial determination will issue no later than July 20, 2012, and the target date for completion of the investigation is November 20, 2012.
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ALJ Gildea Denies Motion for Summary Determination on Indefiniteness in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756)

By Eric Schweibenz
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Aug
19
On August 18, 2011, ALJ E. James Gildea issued Order No. 15, denying Respondents Delfortgroup A.G., Dr. Franz Feurstein GmbH, Papierfabrik Wattens GmbH & Co KG, Astra Tobacco Corporation, and Dosal Tobacco Corporation’s (collectively, “Respondents”) motion for summary determination of invalidity of claims 36, 43, and 45 of asserted U.S. Patent No. 6,725,867 (the ’867 patent) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same(Inv. No. 337-TA-756).

According to the Order, Respondents argued that independent claim 36 and dependent claims 43 and 45 of the ‘867 patent are indefinite under 35 U.S.C. § 112 because it is not possible to determine the scope of the lower limit of the claimed permeability range “about 60 Coresta to about 110 Coresta,” (a measure of the cigarette paper’s air permeability).
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ALJ Gildea Denies Respondent’s Motion For Summary Determination Of No Violation In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
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Aug
23
On August 18, 2011, ALJ E. James Gildea issued the public version of Order No. 23 (dated August 5, 2011) in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices and Components and Products Containing Same(Inv. No. 337-TA-773).  In the Order, ALJ Gildea denied without prejudice Respondent 3M Company’s (“3M”) motion for summary determination of no violation of 19 U.S.C. § 1337.

According to the Order, 3M argued that its sole accused product named in Ogma LLC’s (“Ogma”) complaint, referred to as the WX20 digital projector, is protected by license, because 3M purchased the projector from an entity licensed by Ogma to practice asserted U.S. Patent No. 5,825,427.  Ogma acknowledged that 3M’s WX20 projector is covered by a license and therefore withdrew its allegations of infringement with respect to the WX20 projector.  However, Ogma, supported by the Commission Investigative Staff (“OUII”), opposed 3M’s motion on the grounds that other 3M products beyond the WX20 projector are accused of infringement in this Investigation that form a possible basis for finding a violation of 19 U.S.C. § 1337.  OUII also argued that 3M’s motion should be denied for failing to include a separate statement of the material facts as to which there are no genuine issues in dispute, as required by Ground Rule 2.3.
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ALJ Gildea Grants Joint Motion To Terminate Investigation In Certain Display Devices (337-TA-765)

By Eric Schweibenz
|
Aug
29
On August 26, 2011, ALJ E. James Gildea issued the public version of Order No. 9 in Certain Display Devices, Including Digital Televisions and Monitors II (Inv. No. 337-TA-765).

According to the Order, ALJ Gildea granted a joint motion filed by Complainant Sony Corporation of Japan and Respondents LG Electronics, Inc. of South Korea and LG Electronics U.S.A., Inc. of New Jersey to terminate the investigation based on their having entered into a memorandum of understanding (the “Agreement”).  After reviewing the confidential and non-confidential versions of the Agreement, and receiving the response of the Commission Investigative Staff in support of the motion, ALJ Gildea granted the joint motion filed by LGE and Sony.
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ALJ Gildea Grants Joint Motion To Terminate Investigation As To LEGO In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
|
Aug
31
On August 30, 2011, ALJ E. James Gildea issued Order No. 33 in Certain Motion-Sensitive Sound Effects Devices And Image Display Devices and Components and Products Containing Same (Inv. No. 337-TA-773).

According to the Order, ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC (“Ogma”) and Respondents LEGO A/S dba LEGO Group and LEGO Systems, Inc. (collectively, “LEGO”) to terminate the investigation based on Ogma’s withdrawal of allegations in its complaint against LEGO.  More specifically, the Order indicates that LEGO demonstrated that it “does not import the LEGO NXT Accelerometer Sensor, which Ogma accuses of infringement when combined with the accused LEGO Mindstorm NXT 2.0 product.”  Accordingly, for good cause shown, ALJ Gildea granted the joint motion filed by Ogma and LEGO.  The investigation remains pending against several other respondents.
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ALJ Gildea Grants Joint Motion to Terminate Investigation As To Bensussen Deutsch In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
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Sep
02
On September 1, 2011, ALJ E. James Gildea issued the public version of Order No. 31 in Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same (Inv. No. 337-TA-773).  In the Order, ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC (“Ogma”) and Respondent Bensussen Deutsch & Associates, Inc. (“BDA”) to terminate the investigation as to BDA based on a settlement agreement. 

After reviewing the confidential and non-confidential versions of the settlement agreement, and receiving the support from the Commission Investigative Staff, ALJ Gildea granted the joint motion.  The Investigation remains pending against several other Respondents.
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ALJ Gildea Sets 21-Month Target Date In Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803)

By Eric Schweibenz
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Sep
09
Further to our September 3, 2011 post, on September 7, 2011, ALJ E. James Gildea issued Order No. 2 in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-803).

According to the Order, ALJ Gildea set May 10, 2013 as the target date (which is approximately 21 months after institution of the investigation).  ALJ Gildea further indicated that the initial determination on alleged violation shall be due on January 10, 2013.
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ALJ Gildea Grants Joint Motion to Terminate Investigation As To Optoma In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
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Sep
15
On September 6, 2011, ALJ E. James Gildea issued the public version of Order No. 36 in Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same (Inv. No. 337-TA-773).  In the Order, ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC (“Ogma”) and Respondents Optoma Corporation and Optoma Technology, Inc. (collectively, “Optoma”) to terminate the investigation based on a settlement agreement. 

After reviewing the confidential and non-confidential versions of the agreement, ALJ Gildea granted the joint motion filed by Ogma and Optoma.  The Investigation remains pending against several other Respondents.
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ALJ Gildea Sets Procedural Schedule In Certain Portable Electronic Devices And Related Software (337-TA-797)

By Eric Schweibenz
|
Sep
16
Further to our August 10 and August 15, 2011 posts, on September 14, 2011, ALJ E. James Gildea issued Order No. 4:  Setting Procedural Schedule in Certain Portable Electronic Devices and Related Software(Inv. No. 337-TA-797).

In the Order, ALJ Gildea set the procedural schedule for the investigation, including deadlines for Markman briefing and a Markman hearing (which is scheduled to commence on February 7, 2012).  ALJ Gildea also determined that the evidentiary hearing will commence on August 8, 2012, any final initial determination will issue no later than November 7, 2012, and the target date for completion of the investigation is March 7, 2013.
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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.