ALJ Gildea

ALJ Gildea Sets Procedural Schedule In Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794)

By Eric Schweibenz
|
Sep
19
Further to our August 1 and August 8, 2011 posts, on September 12, 2011, ALJ E. James Gildea issued Order No. 3:  Setting 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 the procedural schedule for the investigation and provided for the early exchange of claim terms for construction.  ALJ Gildea also determined that the evidentiary hearing will commence on June 4, 2012, any final initial determination will issue no later than August 3, 2012, and the target date for completion of the investigation is December 3, 2012.

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ALJ Gildea Grants Joint Motion to Terminate Investigation As To Intec In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
|
Sep
20
On September 15, 2011, ALJ E. James Gildea issued the public version of Order No. 39 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 Intec, Inc. (“Intec”) 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 Intec.  The Investigation remains pending against several other Respondents.

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ALJ Gildea Sets Markman Hearing In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
|
Sep
20
On September 14, 2011, ALJ E. James Gildea issued Order No. 37 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 set October 17, 2011 as the date for the Markman hearing determining that “an early Markman hearing would be useful in this Investigation.”  ALJ Gildea’s Order also included a revised procedural schedule and the rules governing the Markman briefing and hearing.

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ALJ Gildea Rules On Motion To Establish Dual Prior Art Deadlines In Certain GPS Navigation Products (337-TA-783)

By Eric Schweibenz
|
Sep
21
On September 13, 2011, ALJ E. James Gildea issued the public version of Order No. 6 (dated August 26, 2011) 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. (“Honeywell”) and the Respondents are Furuno Electric Co., Ltd. and Furuno U.S.A., Inc. (collectively, “Furuno”).

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ALJ Gildea Grants Joint 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
|
Sep
22
On September 21, 2011, ALJ E. James Gildea issued the public versions of Order Nos. 40, 42, and 43 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. 40, ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC (“Ogma”) and Respondent Performance Designed Products LLC (“PPD”) to terminate the investigation based on indirect license agreements with nonparty RPX Corporation (“RPX”).  According to the Order, PDP 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 PDP. 

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ALJ Gildea Rules On Motions To Supplement Notice Of Prior Art And To Exclude Expert Reports In Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756)

By Eric Schweibenz
|
Sep
23
On September 15, 2011, ALJ E. James Gildea issued the public version of Order No. 19 (dated September 6, 2011), denying Complainant Schweitzer-Mauduit International, Inc.’s (“SWM”) motion to strike portions of Respondents’ expert reports, and granting certain Respondents’ motion to supplement their notice of prior art and contention interrogatory responses in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).

According to the Order, SWM filed a motion to strike portions of Respondents’ experts reports for including opinions on prior art purportedly not within Respondents’ notice of prior art or contention interrogatory responses.  The disputed prior art included U.S. Patent No. 3,667,479 (the ‘479 patent), a Delfort gravure cylinder, Philip Morris Merit cigarettes with PaperSelect cigarette wrappers, and Lorillard cigarette paper.  The Respondents, supported by the Commission Staff, opposed SWM’s motion, countering that they sufficiently disclosed the ‘479 patent in their pleadings, and the Delfort gravure cylinder and Lorillard cigarette paper were not offered as prior art.  With respect to the PaperSelect cigarette wrappers, Respondents argued that Philip Morris Merit cigarettes include PaperSelect cigarette wrappers manufactured by SWM, and the Respondents had identified SWM and Philip Morris as sources of information about prior art cigarette wrappers in their notice of prior art.  In their interrogatory responses Respondents had listed and analyzed “relevant Philip Morris patents that describe the PaperSelect wrappers, their method of manufacture and their use to make cigarettes.”

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ALJ Gildea Denies Motion For Summary Determination On Domestic Industry In Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756)

By Eric Schweibenz
|
Sep
29
On September 26, 2011, ALJ E. James Gildea issued the public version of Order No. 21 (dated September 16, 2011), denying Complainant Schweitzer-Mauduit International Inc.’s (“SWM”) motion for summary determination that it satisfies the technical domestic industry requirement for 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, SWM argued it was entitled to summary determination regarding the technical prong of the domestic industry requirement as to the ‘867 patent, because SWM purportedly provided unrebutted expert testimony, supported by detailed claim charts, showing that its alginate-banded LIP products produced in South Carolina practice claim 1 of the ‘867 patent.  SWM asserted that Respondents did not dispute that SWM’s products practiced claim 1 of the ‘867 patent, but rather Respondents only argued that the ‘867 patent was invalid and therefore could not be relied upon for purposes of domestic industry. 

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ALJ Gildea Grants Motion To Terminate Investigation In Certain Products Containing Interactive Program Guide And Parental Controls Technology (337-TA-801)

By Eric Schweibenz
|
Oct
05
On October 4, 2011, ALJ E. James Gildea issued the public version of Order No. 5 in Certain Products Containing Interactive Program Guide and Parental Controls Technology (Inv. No. 337-TA-801).

In the Order, ALJ Gildea granted a joint motion filed by Complainants Rovi Corporation, Rovi Guides, Inc., United Video Properties, Inc., and Gemstar Development Corporation (collectively, “Rovi”) and Respondents Sharp Corporation, Sharp Electronics Corporation, and Sharp Electronics Manufacturing Company of America, Inc. (collectively, “Sharp”) 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 Rovi and Sharp.

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ALJ Gildea Sets Target Date In Certain Electronic Devices With Communication Capabilities (337-TA-808)

By Eric Schweibenz
|
Oct
05
Further to our September 29, 2011 post, on October 4, 2011, ALJ E. James Gildea issued Order No. 2 in Certain Electronic Devices With Communication Capabilities, Components Thereof, and Related Software (Inv. No. 337-TA-808).

According to the Order, ALJ Gildea set April 1, 2013 as the target date (which is approximately 18 months after institution of the investigation).  ALJ Gildea further indicated that the initial determination on alleged violation shall be due on November 30, 2012.

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ALJ Gildea Sets Procedural Schedule In Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803)

By Eric Schweibenz
|
Oct
17
Further to our September 3, 2011 and our September 9, 2011 posts, on October 13, 2011, ALJ E. James Gildea issued Order No. 5 in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same(Inv. No. 337-TA-803).

In the Order, ALJ Gildea set the procedural schedule for the investigation and provided for the early exchange of claim terms for construction.  ALJ Gildea also determined that the evidentiary hearing will commence on September 21, 2012, any final initial determination will issue no later than January 10, 2013, and the target date for completion of the investigation is May 10, 2013.

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ALJ Gildea Grants Joint Motions to Terminate Investigation In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
|
Oct
17
On October 13, 2011, ALJ E. James Gildea issued the public versions of Order Nos. 51 and 52 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. 51, ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC (“Ogma”) and Respondents Lenovo (United States), Inc., Lenovo Group Ltd., and Lenovo (Singapore) Pte. Ltd. (collectively, “Lenovo”) 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 Lenovo.

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ALJ Gildea Sets Markman Hearing In Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794)

By Eric Schweibenz
|
Oct
20
On October 17, 2011, ALJ E. James Gildea issued Order No. 5 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 January 10-11, 2012 as the date for the Markman hearing determining that “an early Markman hearing would be useful in this Investigation considering the large number of asserted claims.”  ALJ Gildea’s Order also included a revised procedural schedule and the rules governing the Markman briefing and hearing.

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ALJ Gildea Grants In Part Motion To Strike Notice Of Prior Art And Compel Respondents To File Amended Notice Of Prior Art In Certain Wireless Communications System Server Software, Wireless Handheld Devices And Battery Packs (337-TA-706)

By Eric Schweibenz
|
Oct
21
On October 17, 2011, ALJ E. James Gildea issued the public version of Order No. 10 (dated June 10, 2010) in Certain Wireless Communications System Server Software, Wireless Handheld Devices and Battery Packs (Inv. No. 337-TA-706) granting in part Complainant Motorola, Inc.’s (“Motorola”) motion to strike 79 prior art references in Respondents Research in Motion, Ltd. and Research in Motion Corp.’s (“RIM”) Notice of Prior Art and compel RIM to submit an amended Notice narrowing the number of identified references to those upon which RIM “realistically” expects to rely.

According to the Order, Motorola argued that RIM’s Notice of Prior Art contained at least 79 references “that are so ambiguously described that Motorola cannot identify what they are” (e.g., identifying the company Apple, Inc. as a prior art reference), and that Motorola was prejudiced by RIM’s identification of over 2,800 prior art references because any significant references are buried in an “ocean” of prior art, thus frustrating the purpose of the Notice.  RIM countered that the procedural schedule provided only one month to search for prior art and that it was therefore not in a position to know what it is likely to rely upon at the hearing, and also that Motorola is to blame for failing to narrow the investigation by withdrawing some of its asserted patent claims.  The Commission Investigative Staff supported the motion, arguing that the 79 references identified by Motorola as deficient should be stricken and that RIM should be required to file a revised, condensed Notice.

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ALJ Gildea Denies Motion for Summary Determination In Certain Set-Top Boxes (337-TA-761)

By Eric Schweibenz
|
Oct
25
On October 19, 2011, ALJ E. James Gildea issued the public version of Order No. 22 (dated October 5, 2011) denying Respondent TiVo Inc.’s (“TiVo) motion for summary determination that Complainant Microsoft Corporation (“Microsoft”) cannot satisfy the technical prong of the domestic industry requirement in Certain Set-Top Boxes, and Hardware and Software Components Thereof(Inv. No. 337-TA-761).

According to the Order, TiVo argued that Microsoft belatedly disclosed that a domestic industry for its asserted ‘838 patent will exist at a later date, in contravention of its previous position and the general rule that domestic industry must be measured at the time a complaint is filed.  Microsoft countered that it has not shifted its domestic industry theory, that it has consistently put forward two bases for asserting domestic industry with respect to the ‘838 patent (both of which TiVo has been aware of and explored during discovery), and that the Commission does not require deployment of an article for a domestic industry to exist.  The Commission Investigative Staff (“Staff”) opposed TiVo’s motion.

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ALJ Gildea Grants Motion To Terminate Investigation As To Delfort Respondents In Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756)

By Eric Schweibenz
|
Nov
02
On November 1, 2011, ALJ E. James Gildea issued the public version of Order No. 30 (dated November 1, 2011) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).

In the Order, ALJ Essex granted a joint motion filed by Complainant Schweitzer-Mauduit International Inc. (“SWM”) and Respondents delfortgroup A.G., Dr. Franz Feurstein GmbH, Papierfabrik Wattens GmbH & Co KG, Astra Tobacco Corporation, Dosal Tobacco Corporation, Farmer’s Tobacco Co., S&M Brands, Inc., and Tantus Tobacco LLC (the “Delfort Respondents”) 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 SWM and the Delfort Respondents.

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ALJ Gildea Denies Motion In Limine to Preclude Doctrine of Equivalents Argument in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756)

By Eric Schweibenz
|
Nov
18
On November 16, 2011, ALJ E. James Gildea issued the public version of Order No. 27 (dated October 28, 2011) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).

By way of background, the investigation is based on a December 17, 2010 complaint and supplemental filings by Schweitzer-Mauduit International, Inc. of Alpharetta, Georgia, alleging violation of Section 337 after importation of certain reduced ignition proclivity cigarette paper wrappers and products containing same by reason of infringement of U.S. Patent Nos. 6,725,867 and 5,878,753.  The ITC identified Astra Tobacco Corporation of Chapel Hill, North Carolina; delfortgroup AG of Austria; LIPtec GMBH of Germany; and Julius Glatz GmbH of Germany as respondents in this investigation.

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ALJ Gildea Grants Joint Motion to Terminate Investigation As To 3M In Certain Motion-Sensitive Sound Effects Devices And Image Display Devices (337-TA-773)

By Eric Schweibenz
|
Nov
21
On November 17, 2011, ALJ E. James Gildea issued the public version of Order No. 53 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 3M Company (“3M”) 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 3M.

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ALJ Gildea Sets Target Date In Certain Electronic Devices With Graphics Data Processing Systems (337-TA-813)

By Eric Schweibenz
|
Nov
21
Further to our November 9, 2011 post, on November 18, 2011, ALJ E. James Gildea issued Order No. 2 in Certain Electronic Devices With Graphics Data Processing Systems, Components Thereof, and Associated Software (Inv. No. 337-TA-813).

According to the Order, ALJ Gildea set June 20, 2013 as the target date (which is approximately 19 months after institution of the investigation).  ALJ Gildea further indicated that the initial determination on alleged violation shall be due on February 20, 2013.

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ALJ Gildea Grants-In-Part Motion To Strike Contentions Regarding Conception Dates, Denies Motion To Strike Contentions Regarding Domestic Industry, And Denies Motion To Strike Expert Testimony In Certain Set-Top Boxes (337-TA-761)

By Eric Schweibenz
|
Dec
01
On November 28, 2011, ALJ E. James Gildea issued the public version of Order No. 24 (dated November 18, 2011), Order No. 27 (dated November 21, 2011) and Order No. 28 (dated November 22, 2011) in Certain Set-Top Boxes, and Hardware and Software Components Thereof (Inv. No. 337-TA-761).

According to Order No. 24, Respondent TiVo Inc. (“TiVo”) objected to Complainant Microsoft Corporation’s (“Microsoft”) assertion of “brand new” conception dates on the last day of discovery and Microsoft’s alleged production of supporting documents several weeks after the close of fact discovery under the guise of producing documents related to other asserted patents.  Microsoft responded that it identified its conception dates in its discovery responses, and explained that it produced documents relating to the ‘838 patent’s conception date after the close of fact discovery pursuant to Order No. 16.  After reviewing the motion papers, ALJ Gildea denied TiVo’s request with respect to Microsoft’s discovery responses identifying conception dates, but granted the portion of TiVo’s motion seeking to preclude late-produced documents, noting that Order No. 16 concerned patents no longer at issue in the investigation and that Microsoft failed to explain how an order compelling discovery with respect to one such patent justifies document production with respect to the ‘838 patent.

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