ALJ Gildea

ALJ Gildea Grants Motion To Terminate Investigation As To Orion Electric Co. In Certain Blu-Ray Disc Players (337-TA-824)

By Eric Schweibenz
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Jul
05
On June 27, 2012, ALJ E. James Gildea issued Order No. 21 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same(Inv. No. 337-TA-824).

In the Order, ALJ Gildea granted a joint motion filed by Complainant Walker Digital, LLC (“Walker Digital”) and Respondent Orion Electric Co., Ltd. (“Orion”) to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Gildea granted the motion filed by Walker Digital and Orion.

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ALJ Gildea Sets Procedural Schedule In Certain Radio Frequency Integrated Circuits (337-TA-848)

By Eric Schweibenz
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Jul
11
Further to our June 7, 2012 and June 18, 2012, ALJ E. James Gildea issued Order No. 2 in Certain Radio Frequency Integrated Circuits and Devices Containing Same (Inv. No. 337-TA-848). 

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 3, 2013, any final initial determination will issue no later than August 16, 2013, and the target date for completion of the investigation is December 16, 2013 (which is approximately 18 months after institution of the investigation).

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ALJ Gildea Grants Renewed Motion To Terminate Investigation As To Nanya Respondents In Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803)

By Eric Schweibenz
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Jul
13
On July 10, 2012, ALJ E. James Gildea issued the public version of Order No. 58 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 granted Respondents Nanya Technology Corporation and Nanya Technology Corporation, USA (collectively, “Nanya”) and Complainants Intellectual Ventures Management, LLC, Invention Investment Fund I, L.P., Invention Investment Fund II, LLC, Intellectual Ventures I LLC, and Intellectual Ventures II LLC’s (collectively, “Complainants”) renewed motion to terminate Nanya from the investigation on the basis of a settlement agreement.

On December 19, 2011, Nanya and Complainants filed their original motion to terminate after Nanya, Complainants, and nonparty IV International Licensing Netherlands B.V. (“IV Netherlands”) executed several license and settlement agreements resolving the dispute between the parties.  ALJ Gildea, however, denied the parties motion on public interest grounds and because Nanya and Complainants failed to sufficiently explain the circumstances surrounding their unusual settlement agreement.  See our March 27, 2012 post for further details regarding Order No. 25 denying movants’ original motion to terminate. 

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ALJ Gildea Grants Motion To Compel In Certain Blu-Ray Disc Players (337-TA-824)

By Eric Schweibenz
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Jul
26
On July 23, 2012, ALJ E. James Gildea issued the public version of Order No. 22 (dated July 10, 2012) granting Respondents Sony Corporation, Sony Computer Entertainment Inc., Sony Corporation of America, Sony Electronics Inc., and Sony Computer Entertainment America LLC’s (collectively, “Sony”) motion to compel domestic industry discovery in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same (Inv. No. 337-TA-824).

According to the Order, Complainant Walker Digital, LLC (“Walker Digital”) relies on its licensing activities and the activities of its licensees to support the domestic industry requirement, and included claims of licensing investment related to all of its portfolio of over 400 patents in the complaint.  Sony served discovery to determine the allocation of investments Walker Digital made toward the asserted patent, including Document Request Nos. 69 and 88 regarding licensing activities.  Walker Digital refused to produce the requested documents on the grounds that the requests are overbroad and seek irrelevant information related to Walker Digital’s unasserted patents.  Sony maintained that the document requests are narrowly tailored and seek documents relevant to whether Walker Digital’s licensing investments are substantial, and that Walker Digital failed to show that the requested information is outside the scope of discovery.

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ALJ Gildea Grants Motions To Terminate Investigation In Certain Blu-Ray Disc Players (337-TA-824)

By Eric Schweibenz
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Jul
26
On July 23, 2012, ALJ E. James Gildea issued Order Nos. 24-26 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same(Inv. No. 337-TA-824).

In Order No. 24, ALJ Gildea granted a joint motion filed by Complainant Walker Digital, LLC (“Walker Digital”) and Respondents Pioneer Corp. and Pioneer Electronics (USA) Inc. to terminate the investigation based on a settlement agreement.

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ALJ Gildea Issues Claim Construction Order In Certain Portable Electronic Devices (337-TA-797)

By Eric Schweibenz
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Jul
31
On July 23, 2012, ALJ E. James Gildea issued the public version of Order No. 57 (dated June 26, 2012) construing the disputed terms of the asserted claims in Certain Portable Electronic Devices and Related Software(Inv. No. 337-TA-797).

By way of background, the investigation is based on a July 8, 2011 complaint filed by Apple alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and related software that infringe certain claims of U.S. Patent Nos. 7,844,915 (the ‘915 patent), 7,469,381 (the ‘381 patent), 7,084,859 (the ‘859 patent), RE 42,738 (the ‘738 patent), and 7,920,129 (the ‘129 patent).  The respondents in this investigation are HTC Corp., HTC America, Inc., and Exedea, Inc.  (collectively, “HTC”).  See our July 11, 2011 post for more details.

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ALJ Gildea Denies Motion To Strike Contention Interrogatory Responses And To Compel Amended Responses In Certain Electronic Devices With Graphics Data Processing Systems (337-TA-813)

By Eric Schweibenz
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Jul
31
On July 23, 2012, ALJ E. James Gildea issued the public version of Order No. 20 (dated June 29, 2012) in Certain Electronic Devices with Graphics Data Processing Systems, Components Thereof, and Associated Software(Inv. No. 337-TA-813).  In the Order, ALJ Gildea denied Complainants S3 Graphics Co., Ltd. and S3 Graphics, Inc.’s (collectively, “S3G”) motion to strike certain of Respondent Apple Inc.’s (“Apple”) supplemental responses to S3G’s First Set of Interrogatories and to compel Apple to serve revised responses to those interrogatories.

According to the Order, S3G asserted that Apple's supplemental responses were 515 pages long and included an extremely large number of prior art combinations.  S3G argued that these responses failed to provide notice of which combinations Apple intended to rely upon at the evidentiary hearing.  S3G further argued that Apple’s claim chart citations failed to actually respond to S3G’s interrogatories, and that Apple’s tactics had prejudiced S3G.

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ALJ Gildea Requests Affidavit In Support Of Renewed Motion To Terminate Nanya Respondents In Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803)

By Eric Schweibenz
|
Aug
01
On July 27, 2012, ALJ E. James Gildea issued the public version of Order No. 57 (dated June 28, 2012) requesting a sworn affidavit to support the joint motion to terminate Respondents Nanya Technology Corporation and Nanya Technology Corporation, USA (collectively, “Nanya”) in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-803).

By way of background, this investigation is based on a July 12, 2011 complaint filed on behalf of Intellectual Ventures Management, LLC, Invention Investment Fund I, L.P., Invention Investment Fund II, LLC, Intellectual Ventures I LLC, and Intellectual Ventures II LLC (collectively, “IV”), against several manufacturers, distributors, and retailers of DRAM and NAND Flash memory devices for alleged infringement of various patents.  See our September 3, 2011 post for more details.

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ALJ Gildea Rules On Motions To Strike Expert Reports In Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803)

By Eric Schweibenz
|
Aug
01
On July 27, 2012, ALJ E. James Gildea issued the public versions of Order No. 60 and Order No. 61 (both dated July 12, 2012) granting in part and denying in part Respondents’ separate motions to strike portions of the expert report by Dr. Trevor Mudge in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-803).

By way of background, this investigation is based on a July 12, 2011 complaint filed on behalf of Intellectual Ventures Management, LLC, Invention Investment Fund I, L.P., Invention Investment Fund II, LLC, Intellectual Ventures I LLC, and Intellectual Ventures II LLC (collectively, “IV”), against several manufacturers, distributors, and retailers of DRAM and NAND Flash memory devices for alleged infringement of various patents.  See our September 3, 2011 post for more details.

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ALJ Gildea Denies Motion to Supplement Interrogatory Responses on Conception Dates in Certain Devices for Mobile Data Communication (337-TA-809)

By Eric Schweibenz
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Aug
16
On August 13, 2012, ALJ E. James Gildea issued the public version of Order No. 36 (dated July 24, 2012) denying Complainant Openwave Systems, Inc.’s (“Openwave”) motion for leave to supplement its interrogatory responses regarding the priority date of U.S. Patent No. 6,233, 608 in Certain Devices for Mobile Data Communication(Inv. No. 337-TA-809).

By way of background, the investigation is based on a complaint filed by Openwave alleging violation of Section 337 in the importation into the U.S. and sale of certain allegedly infringing devices for mobile data communication by Apple Inc. (“Apple”) and Research In Motion Ltd. and Research In Motion Corp. (collectively, “RIM”).  See our October 10, 2011 post for more details.

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ALJ Gildea Rules On HTC Motions In Certain Portable Electronic Devices (337-TA-797)

By Eric Schweibenz
|
Aug
16
On August 13, 2012, ALJ James E. Gildea issued the public versions of Order No. 43 (dated March 12, 2012) and Order No. 45 (dated March 21, 2012) in Certain Portable Electronic Devices and Related Software(Inv. No. 337-TA-797).

By way of background, the investigation is based on a July 8, 2011 complaint filed by Apple, Inc. (“Apple”) alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and related software that infringe various U.S. patents by Respondents HTC Corp., HTC America, Inc., and Exedea, Inc. (collectively, “HTC”).  See our August 10, 2011 post for more details.

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ALJ Gildea Grants Motion To Terminate Investigation As To Onkyo In Certain Blu-Ray Disc Players (337-TA-824)

By Eric Schweibenz
|
Aug
16
On August 13, 2012, ALJ E. James Gildea issued Order No. 28 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same(Inv. No. 337-TA-824).

In the Order, ALJ Gildea granted a joint motion filed by Complainant Walker Digital, LLC (“Walker Digital”) and Respondents Onkyo Sound & Vision Corporation and Onkyo USA Corporation (collectively, “Onkyo”) to terminate the investigation based on a settlement agreement.

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ALJ Gildea Denies Motions For Summary Determination In Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794)

By Eric Schweibenz
|
Aug
17
On August 10, 2012, ALJ E. James Gildea issued the revised public versions of Order Nos. 85 and 89 (dated June 1, 2012 and June 6, 2012, respectively) denying Complainants’ motions for summary determination in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794).

By way of background, the investigation is based on a complaint filed by Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”) alleging violation of Section 337 by Respondent Apple Inc. (“Apple”) in the importation and sale of certain electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers that infringe one or more claims of U.S. Patent Nos. 7,706,348; 7,486,644; 6,771,980; 6,879,843; and 7,450,114.  See our August 1, 2011 post for more details.

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ALJ Gildea Rules On Motions In Limine In Certain Portable Electronic Devices (337-TA-797)

By Eric Schweibenz
|
Aug
21
On August 17, 2012, ALJ E. James Gildea issued the public versions of Order No. 61 (dated July 26, 2012), Order No. 65 (dated July 31, 2012), Order No. 66 (dated August 2, 2012) and Order No. 68 (dated August 2, 2012) in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-797).

By way of background, the investigation is based on a July 8, 2011 complaint filed by Apple Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and related software that infringe certain claims of U.S. Patent Nos. 7,844,915; 7,469,381; 7,084,859; RE 42,738 and 7,920,129.  The respondents in this investigation are HTC Corp., HTC America, Inc., and Exedea, Inc. (collectively, “HTC”).  See our July 11, 2011 post for more details. 

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ALJ Gildea Rules On Motions In Limine In Certain Portable Electronic Devices (337-TA-797)

By Eric Schweibenz
|
Aug
27
On August 17, 2012, ALJ E. James Gildea issued the public versions of Order No. 60 (dated July 26, 2012), Order No. 62 (dated July 30, 2012), and Order No. 67 (dated August 2, 2012) regarding various motions in limine filed by Complainant Apple Inc. (“Apple”) in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-797).

By way of background, the investigation is based on a July 8, 2011 complaint alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and related software that infringe certain claims of U.S. Patent Nos. 7,844,915 (“the ‘915 patent”); 7,469,381; 7,084,859 (“the ‘859 patent”); RE 42,738 and 7,920,129 (“the ‘129 patent”) (collectively, “the asserted patents”).  The respondents in this investigation are HTC Corp., HTC America, Inc., and Exedea, Inc. (collectively, “HTC”).  See our July 11, 2011 post for more details.

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ALJ Gildea Rules On Motions In Certain Electronic Devices for Capturing and Transmitting Images (337-TA-831)

By Eric Schweibenz
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Aug
30
On August 23, 2012, ALJ James E. Gildea issued the public versions of Order No. 18 (dated August 3, 2012) and Order No. 19 (dated August 6, 2012) in Certain Electronic Devices for Capturing and Transmitting Images and Components Thereof (Inv. No. 337-TA-831).

By way of background, the investigation is based on a January 10, 2012 complaint and January 11 and February 10, 2012 letters supplementing the complaint filed by Eastman Kodak Company (“Kodak”) alleging violation of Section 337 in the importation into the U.S. and sale of certain electronic devices for capturing and transmitting images and components thereof that infringe various patents.  See our January 13, 2012 post for more details.

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ALJ Gildea Sets Target Date In Certain Wireless Consumer Electronics Devices (337-TA-853)

By Eric Schweibenz
|
Sep
07
Further to our August 24, 2012 post, on September 4, 2012, ALJ E. James Gildea issued Order No. 3 in Certain Wireless Consumer Electronics Devices and Components Thereof(Inv. No. 337-TA-853).

According to the Order, ALJ Gildea set January 6, 2014 as the target date (which is approximately 17 months after institution of the investigation).  ALJ Gildea further indicated that the initial determination on alleged violation shall be due on September 6, 2013.

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ALJ Gildea Grants-In-Part Motion To Compel And Denies Motion For Protective Order in Certain Electronic Devices (337-TA-831)

By Eric Schweibenz
|
Sep
11
On August 23, 2012, ALJ E. James Gildea issued the public version of Order No. 18 (dated August 3, 2012) and Order No. 19 (dated August 6, 2012) Certain Electronic Devices for Capturing and Transmitting Images, and Components Thereof (Inv. No. 337-TA-831).

According to Order No. 18, respondents HTC Corp. and HTC America, Inc. (collectively, “HTC”) sought to compel complainant Eastman Kodak Co. (“Kodak”) to provide all non-privileged discovery in response to Interrogatory Nos. 11 and 31 and Request for Production Nos. 130 and 214 relating to corroboration of Kodak’s conception dates for the asserted patents, invention dates for Kodak prior art patents, and inventor contributions or notebooks for the asserted patents.  HTC argued that Kodak’s assertion of “tentative” privilege over conception discovery is improper, and that Kodak should not be permitted to wait until its contention interrogatories are due to decide whether it intends to waive privilege, but instead must make the decision when the requested discovery is due.  Respondent Apple Inc. (“Apple”) supported the motion, contending that Kodak should not be allowed to shield conception documents from discovery under a claim of privilege and then later attempt to rely on them after respondents have taken binding positions on invalidity.  Kodak countered that (1) HTC seeks discovery of privilege documents as well as documents not relevant to a claim or defense in the investigation, and (2) with respect to the inventor notebook at issue, Kodak only produced relevant sections of the notebook.

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ALJ Gildea Issues Claim Construction Order In Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803)

By Eric Schweibenz
|
Sep
17
On August 21, 2012, ALJ E. James Gildea issued the public version of Order No. 65 (dated August 8, 2012) construing the disputed terms of the asserted claims in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-803).

By way of background, this investigation is based on a July 12, 2011 complaint filed on behalf of Intellectual Ventures Management, LLC, Invention Investment Fund I, L.P., Invention Investment Fund II, LLC, Intellectual Ventures I LLC, and Intellectual Ventures II LLC (collectively, “IV”), against several manufacturers, distributors, and retailers of DRAM and NAND Flash memory devices for alleged infringement of U.S. Patent Nos. 5,654,932 (the ‘932 patent); 5,963,481 (the ‘481 patent); 5,982,696 (the ‘696 patent); 5,500,819 (the ‘819 patent); and 5,687,132 (the ‘132 patent).  See our September 9, 2011 post for more details on the investigation.

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ALJ Gildea Sets Procedural Schedule In Certain Wireless Consumer Electronics Devices (337-TA-853)

By Eric Schweibenz
|
Oct
01
Further to our August 24, 2012 and September 7, 2012 posts, on October 1, 2012, ALJ E. James Gildea issued Order No. 7 in Certain Wireless Consumer Electronics Devices and Components Thereof(Inv. No. 337-TA-853).

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 3, 2013, any final initial determination will issue no later than September 6, 2013, and the target date for completion of the investigation is January 6, 2014 (which is approximately 17 months after institution of the investigation).

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