ALJ Gildea

ALJ Gildea Orders Clarification Regarding Motion To Terminate In Certain Blu-Ray Disc Players (337-TA-824)

By Eric Schweibenz
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Dec
11
On December 10, 2012, ALJ E. James Gildea issued Order No. 37 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing the Same(Inv. No. 337-TA-824).

According to the Order, Complainant Walker Digital, LLC ("Walker Digital") moved to terminate the investigation as to Respondents Sony Corporation, Sony Computer Entertainment, Inc., Sony Corporation of America, Sony Electronics Inc., and Sony Computer Entertainment America (collectively, "Sony") based upon withdrawal of the complaint against Sony.  In the motion, Walker Digital stated that "aside from a generalized intent to meet in the future to continue discussing potential settlement of various litigations," there are no other agreements, written or oral, express or implied between Walker Digital and Sony concerning the subject matter of the investigation.  ALJ Gildea found this statement ambiguous and believed it raised concerns about Walker Digital's compliance with Commission Rule 210.21(a) that prevent granting the motion.  Thus, the ALJ ordered Walker Digital to supplement its motion no later than December 14, 2012 and clarify whether the "generalized intent to meet" indicates that Walker Digital and Sony have an agreement regarding the subject matter of the investigation.  ALJ Gildea also ordered the supplement to include an updated statement as to the existence of any other agreements between Walker Digital and Sony regarding the subject matter of the investigation.

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ALJ Gildea Grants-In-Part Motions To Compel In Certain Electronic Devices For Capturing And Transmitting Images (337-TA-831)

By Eric Schweibenz
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Dec
11
On December 7, 2012, ALJ James E. Gildea issued the public versions of Order No. 42 and Order No. 43 (dated November 14, 2012) and Order No. 44 and Order No. 45 (dated November 16, 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 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 Grants-In-Part Motion To Quash In Certain Consumer Electronics (337-TA-839)

By Eric Schweibenz
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Dec
14
On December 6, 2012, ALJ James E. Gildea issued Order No. 18 granting-in-part a motion to quash or limit subpoenas served on nonparty Reed Smith LLP (“Reed Smith”) in Certain Consumer Electronics, Including Mobile Phones and Tablets (Inv. No. 337-TA-839).

By way of background, this investigation is based on a complaint filed by Pragmatus AV, LLC (“Pragmatus”) alleging violation of Section 337 in the importation into the U.S. and sale of certain consumer electronics, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 5,854,893, 6,237,025, 7,054,904, 7,185,054 and 7,206,809.  See our March 15, 2012 post for more details.

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ALJ Gildea Grants Joint Motion To Terminate LG Respondents In Certain Consumer Electronics (337-TA-839)

By Eric Schweibenz
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Dec
14
On December 7, 2012, ALJ James E. Gildea issued Order No. 21 granting a joint motion to terminate Respondents LG Electronics, Inc., LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc. (collectively, “LG”) from the investigation in Certain Consumer Electronics, Including Mobile Phones and Tablets (Inv. No. 337-TA-839).

According to the Order, ALJ Gildea granted a joint motion filed by Complainant Pragmatus AV, LLC (“Pragmatus”) and LG to terminate the investigation as to LG based on a patent license and settlement agreement.  As required by Commission Rule 210.50(b)(2), ALJ Gildea determined that the agreement between Pragmatus and LG did not “impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers.”  Accordingly, ALJ Gildea granted the joint motion and terminated the investigation as to LG.

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

By Eric Schweibenz
|
Dec
17
On December 14, 2012, ALJ E. James Gildea issued Order No. 42 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same (Inv. No. 337-TA-824).

In the Order, ALJ Gildea granted a motion filed by Complainant Walker Digital, LLC to terminate the investigation based on withdrawal of the complaint as to Respondents Sony Corporation, Sony Computer Entertainment Inc., Sony Corporation of America, Sony Electronics Inc., and Sony Computer Entertainment America.

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

By Eric Schweibenz
|
Dec
20
On December 10, 2012, ALJ E. James Gildea issued Order Nos. 38, 39, and 40 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same (Inv. No. 337-TA-824).

According to Order No. 38, ALJ Gildea granted a joint motion filed by Complainants Walker Digital, LLC (“Walker Digital”) and Respondents Panasonic Corporation and Panasonic Corporation of North America (collectively, “Panasonic”) to terminate the investigation as to Panasonic based on a settlement agreement.

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ALJ Gildea Denies Motion For Sanctions In Certain Blu-Ray Disc Players (337-TA-824)

By Eric Schweibenz
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Dec
20
On December 14, 2012, ALJ E. James Gildea issued the public version of Order No. 36 (dated December 5, 2012) in Certain Blu-Ray Disc Players, Components Thereof and Products Containing the Same (Inv. No. 337-TA-824).  In the Order, ALJ Gildea denied Respondents Funai Electronic Co., Ltd., Funai Corporation, Inc., P&F USA, Inc., Toshiba America Information Systems, Inc., and VIZIO, Inc.’s (collectively, “Respondents”) motion for sanctions against Complainant Walker Digital, LLC (“Walker Digital”).

According to the Order, Respondents argued that Walker Digital had violated its duty of candor under Commission Rule 210.4(c) with respect to two aspects of Walker Digital’s domestic industry allegations:  (1) the Declaration of Jonathan Ellenthal attached to the Complaint and (2) the Oppo Digital, Inc. (“Oppo”) settlement agreement (“Oppo agreement”) along with the declaration of Oppo’s CEO.  In particular, Respondents asserted that Ellenthal’s declaration included false statements regarding Walker Digital’s licensing expenditures.  Respondents further asserted that the Oppo agreement was a “sham” license agreement that included an unenforceable promise made by Walker Digital after it had already settled its lawsuit with Oppo in an earlier agreement.  Respondents argued that Walker Digital intentionally deceived the Commission by not disclosing the earlier agreement until compelled to do so by ALJ Gildea.  Respondents also argued that Oppo’s CEO did not have personal knowledge of the facts contained in his declaration, and that Walker Digital should not have relied on the CEO’s declaration.

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ALJ Gildea Denies Motion For Supplemental Protective Order In Certain Consumer Electronics (337-TA-839)

By Eric Schweibenz
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Dec
31
On December 21, 2012, ALJ James E. Gildea issued Order No. 26 denying a motion by Complainant Pragmatus AV, LLC (“Pragmatus”) to enter a supplemental Protective Order to govern the discovery of nonparty Google Inc. (“Google”) in Certain Consumer Electronics, Including Mobile Phones and Tablets (Inv. No. 337-TA-839).

ALJ Gildea held that Pragmatus did not provide sufficient explanation or support to show how or why the protections already in place fail to provide adequate protection for Google.  According to the Order, Google’s confidential business information and highly confidential source code is already protected by a Protective Order and an Addendum to the Protective Order.  Further, ALJ Gildea held that Pragmatus’s request was considerably undermined by Google taking “no action on its own behalf to timely quash or limit the subpoena served on it or to seek some form of protective order itself.”

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ALJ Gildea Grants Joint Motion To Terminate Research In Motion Respondents In Certain Consumer Electronics (337-TA-839)

By Eric Schweibenz
|
Jan
02
On December 21, 2012, ALJ James E. Gildea issued Order No. 25 granting a joint motion to terminate Respondents Research In Motion Ltd. and Research In Motion Corp. (collectively, “RIM”) from the investigation in Certain Consumer Electronics, Including Mobile Phones and Tablets (Inv. No. 337-TA-839).

According to the Order, ALJ Gildea granted a joint motion filed by Complainant Pragmatus AV, LLC (“Pragmatus”) and RIM to terminate the investigation as to RIM based on a patent license and settlement agreement.  As required by Commission Rule 210.50(b)(2), ALJ Gildea determined that the agreement between Pragmatus and RIM did not impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers.  Accordingly, ALJ Gildea granted the joint motion and terminated the investigation as to RIM.

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ALJ Gildea Denies Motion To Preclude Claim Construction Arguments In Certain Mobile Electronic Devices Incorporating Haptics (337-TA-834)

By Eric Schweibenz
|
Jan
03
On December 13, 2012, ALJ E. James Gildea issued the public version of Order No. 22 (dated December 3, 2012) denying Respondents' motion to preclude Complainant Immersion Corporation (“Immersion”) from offering proposed constructions of certain claim terms in Certain Mobile Electronic Devices Incorporating Haptics(Inv. No. 337-TA-834).

According to the Order, Respondents argued that Immersion waited until the eleventh hour before offering construction of several claim terms.  Respondents asserted that this late submission allowed Immersion to “avoid a fair and simultaneous exchange of proposed claim constructions.”

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ALJ Gildea Issues Orders Denying Respondents’ Motion In Limine, Granting Complainants’ Motion In Limine, and Granting In Part Complainants’ Motion to Strike In Certain Semiconductor Chips With DRAM Circuitry (337-TA-819)

By Eric Schweibenz
|
Jan
03
On December 21, 2012, ALJ E. James Gildea issued the public versions of Order No. 14 (dated December 4, 2012), Order No. 15 (dated December 4, 2012), and Order No. 16 (dated December 6, 2012) in Certain Semiconductor Chips with DRAM Circuitry, and Modules and Products Containing Same (Inv. No. 337-TA-819).  Each will be discussed in turn below.

By way of background, the investigation is based on a complaint filed by Elpida Memory, Inc and Elpida Memory (USA) Inc. (“Elpida”) alleging violation of Section 337 in the importation into the U.S. and sale of certain semiconductor chips with DRAM circuitry, and modules and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,150,689, 6,635,918, 6,555,861, 7,659,571, 7,713,828, 7,495,453, and 7,906,809.  See our November 16, 2011 post for more details.

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ALJ Gildea Issues Claim Construction Order In Certain Semiconductor Chips With DRAM Circuitry (337-TA-819)

By Eric Schweibenz
|
Jan
07
On December 19, 2012, ALJ E. James Gildea issued the public version of Order No. 17 (dated December 6, 2012) construing the disputed terms of the asserted claims in Certain Semiconductor Chips with DRAM Circuitry, and Modules and Products Containing Same (Inv. No. 337-TA-819).

By way of background, the investigation is based on a complaint filed by Elpida Memory, Inc and Elpida Memory (USA) Inc. (collectively, “Elpida”) alleging violation of Section 337 by respondents Nanya Technology Corporation and Nanya Technology Corporation U.S.A. (collectively, “Nanya”) in the importation into the U.S. and sale of certain semiconductor chips with DRAM circuitry, and modules and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,150,689 (the ‘689 patent), 6,635,918 (the ‘918 patent), 6,555,861, 7,659,571 (the ‘571 patent), 7,713,828, 7,495,453 (the ‘453 patent), and 7,906,809 (the ‘809 patent).  See our November 16, 2011 post for more details.  A Markman hearing was held on August 29, 2012.

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ALJ Gildea Grants Motion To Terminate Investigation In Certain Electronic Devices With Graphics Data Processing Systems (337-TA-813)

By Eric Schweibenz
|
Jan
07
On December 13, 2012, ALJ E. James Gildea issued Order No. 32 in Certain Electronic Devices with Graphics Data Processing Systems, Components Thereof, and Associated Software (Inv. No. 337-TA-813).

In the Order, ALJ Gildea granted a joint motion filed by Complainants S3 Graphics Co., Ltd. and S3 Graphics, Inc. as well as Respondent Apple Inc. to terminate the investigation in its entirety on the basis of a settlement agreement.

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ALJ Gildea Grants Motion To Terminate Investigation In Certain Portable Electronic Devices (337-TA-797)

By Eric Schweibenz
|
Jan
07
On December 13, 2012, ALJ E. James Gildea issued Order No. 75 in Certain Portable Electronic Devices and Related Software(Inv. No. 337-TA-797).

In the Order, ALJ Gildea granted a joint motion filed by Complainant Apple Inc. and Respondents HTC Corp., HTC America, Inc., and Exedea, Inc. to terminate the investigation on the basis of a patent license and settlement agreement.

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

By Eric Schweibenz
|
Jan
08
On December 18, 2012, ALJ E. James Gildea issued Order No. 43 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same(Inv. No. 337-TA-824).

In the Order, ALJ Gildea granted a motion filed by Complainant Walker Digital, LLC to terminate the investigation as to Respondents Toshiba Corp. and Toshiba America Information Systems, Inc. based on a settlement agreement.

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ALJ Gildea Denies Motions To Compel In Certain Mobile Electronic Devices Incorporating Haptics (337-TA-834)

By Eric Schweibenz
|
Jan
08
On January 2, 2013, ALJ E. James Gildea issued the public versions of Order No. 28 and Order No. 29 (both dated December 20, 2012) denying Complainant Immersion Corporation’s (“Immersion”) motions to compel Respondents HTC Corporation and HTC America, Inc. (collectively, “HTC”) in Certain Mobile Electronic Devices Incorporating Haptics (Inv. No. 337-TA-834).

Order No. 28

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ALJ Gildea Denies Motion To Amend Protective Order In Certain Consumer Electronics (337-TA-839)

By Eric Schweibenz
|
Jan
09
On January 7, 2013, ALJ James E. Gildea issued Order No. 28 denying an unopposed motion to amend the protective order in Certain Consumer Electronics, Including Mobile Phones and Tablets(Inv. No. 337-TA-839).

According to the Order, Respondents ASUSTek Computer, Inc., ASUS Computer International, Inc., HTC Corporation, HTC America, Inc., Pantech Co., Ltd., Pantech Wireless, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, L.L.C. (collectively, the “Respondents”) filed an unopposed motion seeking to add a patent prosecution bar to the Amended Protective Order.  Respondents asserted that the patent prosecution bar is necessary to protect Respondents’ highly confidential, trade secret information.  Respondents argued that the Federal Circuit opinion, In re Deutsche Bank Trust Co. Americas, 605 F.3d 1373 (Fed. Cir. 20120) (“Deutsche Bank”), as well as decisions from the ITC, support their arguments.  Specifically, Respondents asserted that Deutsche Bank requires a case-by-case evaluation of counsel only when determining whether an exemption to a prosecution bar should apply.

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ALJ Gildea Grants Motion To Terminate Investigation As To Sierra Wireless In Certain Wireless Consumer Electronics Devices (337-TA-853)

By Eric Schweibenz
|
Jan
16
On January 15, 2013, ALJ E. James Gildea issued Order No. 17 in Certain Wireless Consumer Electronics Devices and Components Thereof (Inv. No. 337-TA-853).

In the Order, ALJ Gildea granted a joint motion filed by Complainants Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation and Respondents Sierra Wireless, Inc., and Sierra Wireless America, Inc. to terminate the investigation based on a settlement agreement.

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ALJ Gildea Grants Motion To Terminate Investigation As To Motorola Mobility In Certain Mobile Electronic Devices Incorporating Haptics (337-TA-834)

By Eric Schweibenz
|
Jan
16
On January 15, 2013, ALJ E. James Gildea issued Order No. 30 in Certain Mobile Electronic Devices Incorporating Haptics(Inv. No. 337-TA-834).

In the Order, ALJ Gildea granted a joint motion filed by Complainant Immersion Corporation and Respondent Motorola Mobility LLC to terminate the investigation based on a settlement agreement.

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ALJ Gildea Rules On Motion To Compel In Certain Wireless Consumer Electronics Devices (337-TA-853)

By Eric Schweibenz
|
Jan
23
On January 22, 2013, ALJ E. James Gildea issued the public version of Order No. 16 (dated January 9, 2013) in Certain Wireless Consumer Electronics Devices and Components Thereof (Inv. No. 337-TA-853).  According to the Order, ALJ Gildea granted-in-part a motion filed by Complainants Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation (collectively, “Complainants”) to compel document production and interrogatory responses from Respondent Huawei Technologies Co., Ltd. (“Huawei”).

In support of the motion, Complainants argued that Huawei repeatedly promised to produce documents and supplement discovery responses regarding 18 accused products, but failed to do so.  Huawei opposed the motion and argued that the parties were not at an impasse with respect to any substantive issue and that the motion is effectively moot because Huawei has supplemented its interrogatory responses and has begun to produce documents. 

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