ALJ Gildea

ALJ Gildea Rules On Motion To Strike And Preclude Evidence In Certain Wireless Consumer Electronics Devices (337-TA-853)

By Eric Schweibenz
|
Jun
19
On June 3, 2013, ALJ E. James Gildea issued the public version of Order No. 43 (dated May 10, 2013) in Certain Wireless Consumer Electronics Devices and Components Thereof (Inv. No. 337-TA-853).

According to the Order, Respondent Barnes and Noble (“B&N”) moved to strike and preclude the use of documents that were produced by Complainants Technical Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation (collectively, “Complainants”) after the close of fact discovery.  Specifically, B&N sought to preclude: (1) documents produced by Complainants and third-party Texas Instruments after the close of fact discovery, and (2) documents produced by other Respondents that Complainants failed to disclose in its answers to B&N’s contention interrogatories.  B&N argued that Complainants have not demonstrated good cause as to why they should be permitted to rely on documents produced outside the period allowed for fact discovery.  B&N also alleged that Complainants’ answers to B&N’s contention interrogatories failed to cite any documents produced by other Respondents.

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ALJ Gildea Sets 16-Month Target Date In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
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Jul
01
Further to our June 24, 2013 post, on June 27, 2013, ALJ E. James Gildea issued Order No. 2 in Certain Consumer Electronics With Display And Processing Capabilities(Inv. No. 337-TA-884).

According to the Order, ALJ Gildea set October 27, 2014 as the target date (which is approximately 16 months after institution of the investigation).  ALJ Gildea further indicated that the initial determination on alleged violation shall be due on June 27, 2014.
In addition, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by July 22, 2013.  ALJ Gildea also determined that the evidentiary hearing in this matter will commence on March 18, 2014.

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ALJ Gildea Grants Motion To Compel In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876)

By Eric Schweibenz
|
Jul
03
On June 21, 2013, ALJ E. James Gildea issued the public version of Order No. 7 (dated June 18, 2013) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same(Inv. No. 337-TA-876).  In the Order, ALJ Gildea granted-in-part Complainant STMicroelectronics, Inc.’s (“STM”) motion to compel Respondent InvenSense, Inc. (“InvenSense”) to produce documents and a privilege log.

According to the Order, in its motion, STM argued that InvenSense had “not produced a single document” and had withheld its privilege log even though it agreed to produce documents in response to requests for production.  Thus, STM sought to compel InvenSense to produce documents responsive to its Requests for Production.  InvenSense opposed the motion, arguing that it was filed in violation of the Ground Rules, and was baseless, premature, and moot because it had produced some documents and would produce more.  Moreover, InvenSense argued, that STM failed to properly signal that there was an “impasse” and had not produced any significant amount of documents themselves.  STM later withdrew the privilege log portion of its motion based on a stipulation between the parties.

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ALJ Gildea Grants-In-Part Motion To Strike And To Preclude Certain Proposed Claim Constructions In Certain Integrated Circuit Devices (337-TA-873)

By Eric Schweibenz
|
Jul
09
On July 8, 2013, ALJ E. James Gildea issued Order No. 14 in Certain Integrated Circuit Devices and Products Containing the Same (Inv. No. 337-TA-873).  In the Order, ALJ Gildea granted-in-part Respondents HTC Corp., HTC America, Inc., LG Electronics, Inc., LG Electronics U.S.A., Inc., LG Electronics MobileComm U.S.A., Inc., Motorola Mobility LLC, Nokia Corp., Nokia Inc., Pantech Co., Ltd., and Pantech Wireless, Inc.’s (collectively, “Respondents”) motion to strike certain of Complainant Tela Innovations, Inc.’s (“Tela”) untimely proposed claim constructions and to preclude Tela from offering any construction other than the plain and ordinary meaning of the terms in issue.

According to the Order, Respondents explained that on the deadline for exchanging proposed claim constructions set forth in the Procedural Schedule, Tela only provided proposed constructions for its own designated claim terms and for the Commission Investigative Staff’s (“OUII”) designated claim terms.  Tela failed to provide any proposed constructions for the claim terms that Respondents had designated as needing construction.  Instead, Tela waited until the deadline to meet and confer regarding the claim terms in issue to provide proposed constructions for the Respondents’ designated terms.  Respondents argued that this gave Tela an unfair tactical advantage and prejudiced Respondents and OUII, and that Tela’s proposed constructions for the Respondents’ terms should therefore be stricken as untimely, and that Tela should be barred from offering any construction for the terms other than the plain and ordinary meaning.

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ALJ Gildea Rules On Motion To Compel And Cross-Motion For A Protective Order In Certain Integrated Circuit Devices (337-TA-873)

By Eric Schweibenz
|
Jul
22
On July 17, 2013, ALJ E. James Gildea issued the public version of Order No. 16 (dated July 10, 2013) in Certain Integrated Circuit Devices and Products Containing the Same(Inv. No. 337-TA-873).  In the Order, ALJ Gildea granted Complainant Tela Innovations, Inc.’s (“Tela”) motion to compel certain Respondents (LG Electronics, Inc., LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc. (collectively, “LG”)) to provide discovery responses and sample products while simultaneously denying LG’s motion for a protective order. 

By way of background, the investigation is based on a complaint filed by Tela alleging violation of Section 337 in the importation into the U.S. and sale of certain integrated circuit devices and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,264,049, 8,264,044, 8,258,550, 8,258,547, 8,217,428, 8,258,552, and/or 8,030,689.  See our February 11, 2013 post for more details on the complaint.

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ALJ Gildea Grants Amended Motion To Terminate And To Stay The Proceedings In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-879)

By Eric Schweibenz
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Jul
23
On July 17, 2013, ALJ E. James Gildea issued Order No. 11granting Respondents Apex Medical Corp. and Apex Medical USA Corp.’s (collectively, “Apex”) amended motion to terminate the investigation in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof(Inv. No. 337-TA-879).

By way of background, the investigation is based on a March 28, 2013 complaint and April 19, 2013 letter supplementing the complaint filed by ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia (collectively, “ResMed”) alleging violation of Section 337 in the importation into the U.S. and sale of certain sleep-disordered breathing treatment systems and components thereof that infringe one more claims of U.S. Patent Nos. 7,159,587; 7,487,772; 7,997,267; 7,743,767; 6,216,691; 6,935,337; and 7,614,398.  Seeour March 29, 2013 postfor more details on the complaint.

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ALJ Gildea Sets Procedural Schedule In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
Jul
29
Further to our June 24, 2013 and July 1, 2013 posts, on July 25, 2013, ALJ E. James Gildea issued Order No. 13 in Certain Consumer Electronics With Display And Processing Capabilities (Inv. No. 337-TA-884).

In the Order, ALJ Gildea set the procedural schedule for the investigation and provided for the early exchange of claim terms and proposed constructions.  ALJ Gildea also determined that the evidentiary hearing will commence on March 18, 2014, any final initial determination will issue no later than June 27, 2014, and the target date for completion of the investigation is October 27, 2014 (which is approximately 16 months after institution of the investigation).

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ALJ Gildea Grants-In-Part Motion To Compel In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876)

By Eric Schweibenz
|
Aug
07
On July 31, 2013, ALJ E. James Gildea issued the public version of Order No. 11 (dated July 19, 2013) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876). 

According to the Order, Complainant STMicroelectronics, Inc.’s (“STM”) filed a motion to compel Respondent InvenSense, Inc. (“InvenSense”) to produce supplemental interrogatory responses and to supplement its response to the Complaint.  Specifically, STM argued that InvenSense has failed to produce any discovery for products not named in the Complaint.  Furthermore, STM asserted that InvenSense has failed to produce documents responsive to interrogatories and, likewise, failed to produce importation data.  In opposition, InvenSense argued that it has already produced responsive discovery. 

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ALJ Gildea Issues Claim Construction Order In Certain Wireless Communications Equipment (337-TA-866)

By Eric Schweibenz
|
Aug
20
On August 14, 2013, ALJ James E. Gildea issued the public version of Order No. 38 (dated August 7, 2013) in Certain Wireless Communications Equipment and Articles Therein (Inv. No. 337-TA-866), construing numerous terms in the asserted patents.  Due to its large size, the Order has been split into part 1, part 2, and part 3.

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 in the importation into the U.S. and sale of wireless communication equipment that infringes one or more claims of U.S. Patent Nos. 7,782,749 (the ‘749 patent); 8,165,081 (the ‘081 patent); 8,208,438 (the ‘438 patent); 8,228,827 (the ‘827 patent); 6,617,929 (the ‘929 patent); 6,767,813 (the ‘813 patent); and 6,865,682 (the ‘682 patent).  The Respondents are Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”).  See our January 29, 2013 post for more details on this investigation.  The investigation has since been terminated with respect to the ‘813 patent.

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ALJ Gildea Grants-In-Part Motion To Compel In Certain Wireless Communication Equipment (337-TA-866)

By Eric Schweibenz
|
Aug
28
On August 14, 2013, ALJ James E. Gildea issued the public version of Order No. 37 (dated July 29, 2013) in Certain Wireless Communications Equipment and Articles Therein (Inv. No. 337-TA-866).

According to the Order, Complainants Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”) filed a motion to compel discovery from Respondents Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”).  Specifically, Samsung argued that Ericsson should be required to produce a knowledgeable corporate witness for deposition in response to topics related to the digital unit – WDCMA (“DUW”).  Samsung asserted the corporate witness Ericsson provided at a previous deposition was unable to provide testimony regarding the accused DUW products without looking at the relevant schematics, which Ericsson failed to produce prior to the deposition.  Furthermore, Samsung argued that Ericsson has not produced all responsive documents with respect to Samsung’s Request for Production No. 201, which relates to the repair of the accused DUW products. 

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ALJ Gildea Sets Procedural Schedule In Certain Silicon Microphone Packages (337-TA-888)

By Eric Schweibenz
|
Aug
28
Further to our July 24, 2013 post, on August 27, 2013, ALJ E. James Gildea issued Order No. 3 in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

In the Order, ALJ Gildea set the procedural schedule for the investigation and provided for the early exchange of claim terms and proposed constructions.  ALJ Gildea also determined that the evidentiary hearing will commence on April 21, 2014, any final initial determination will issue no later than July 25, 2014, and the target date for completion of the investigation is November 26, 2014 (which is approximately 16 months after institution of the investigation).

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ALJ Gildea Issues Notice Of Initial Determination In Certain Wireless Consumer Electronics Devices (337-TA-853)

By Eric Schweibenz
|
Sep
10
On September 6, 2013, ALJ E. James Gildea issued a notice regarding issuance of the Final Initial Determination and Recommended Determination on Remedy and Bonding (“ID”) in Certain Wireless Consumer Electronics Devices and Components Thereof (Inv. No. 337-TA-853).

By way of background, this investigation is based on a July 24, 2012 complaint filed by Technology Properties Limited LLC and Phoenix Digital Solutions LLC, both of Cupertino, California, and Patriot Scientific Corporation of Carlsbad, California alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless consumer electronics devices and components thereof that infringe one or more claims of U.S. Patent No. 5,809,336 (the ‘336 patent).  See our July 26, 2012 and August 24, 2012 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Gildea Sets 15-Month Target Date In Certain Flash Memory Chips (337-TA-893)

By Eric Schweibenz
|
Sep
11
Further to our September 9, 2013 post, on September 10, 2013, ALJ E. James Gildea issued Order No. 2 in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-893).

According to the Order, ALJ Gildea set December 26, 2014 as the target date (which is approximately 15 months after institution of the investigation).  ALJ Gildea further indicated that the initial determination on alleged violation shall be due on August 26, 2014.  In addition, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by October 9, 2013.  ALJ Gildea also determined that the evidentiary hearing in this matter will commence on May 14, 2014.

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ALJ Gildea Grants Motion To Compel Inventor Documents In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876)

By Eric Schweibenz
|
Sep
17
On September 9, 2013, ALJ E. James Gildea issued Order No. 23 in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876). 

According to the Order, Respondents filed a motion to compel Complainant STMicroelectronics, Inc. (“STM”) to produce foreign inventor documents in time for inventor depositions.  In support of their motion, Respondents argued that despite STM’s prior representations that all inventor documents for the asserted patents were produced, STM told the U.S. Patent & Trademark Office (“USPTO”) in response to an office action in a reexamination proceeding for one of the asserted patents that they have not collected and produced all inventor documents.  In response, STM argued that it produced all non-privileged documents that it was able to produce as a result of a reasonable and diligent search.  STM further argued that the statement made in the reexamination proceeding was taken out of context because counsel identified at least six separate bases for its requested extension of time.

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ALJ Gildea Grants Motion For Summary Determination In Certain Wireless Communications Equipment (337-TA-866)

By Eric Schweibenz
|
Sep
25
On September 17, 2013, ALJ James E. Gildea issued Order No. 42 in Certain Wireless Communications Equipment and Articles Therein (Inv. No. 337-TA-866).

According to the Order, Complainants Samsung Electronics, Co., Ltd. and Samsung Telecommunications America, LLC (collectively “Samsung”) filed a motion for summary determination that two references, Japanese Application 2008-000199 and its international application published as PCT Publication No. WO 2009/087743 (collectively, “References”), are not prior art with respect to U.S. Patent No. 8,165,081 (the ‘081 patent).  Specifically, Samsung argued that the References are not prior art under 35 U.S.C. §§ 102(a) or 102(b) because they were not published until July 16, 2009 – after the ‘081 patent’s February 4, 2009 filing date.  Furthermore, Samsung asserted that the References are not prior art under 35 U.S.C. § 102(e) because the PCT publication was not published in English.  Accordingly, Samsung argued that the References do not qualify as prior art under 35 U.S.C. § 103(a) because they do not qualify as prior art under 35 U.S.C. § 102. 

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ALJ Gildea Grants Motion To Compel In Certain Integrated Circuit Devices (337-TA-873)

By Eric Schweibenz
|
Sep
30
On September 6, 2013, ALJ E. James Gildea issued the public version of Order No. 26 (dated August 23, 2013) granting Respondents LG Electronics, Inc., LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc.’s (collectively, “LG”) motion seeking to compel Complainant Tela Innovations, Inc. (“Tela”) to fully answer certain interrogatories in Certain Integrated Circuit Devices and Products Containing the Same (Inv. No. 337-TA-873).

By way of background, the investigation is based on a complaint filed by Tela alleging violation of Section 337 in the importation into the U.S. and sale of certain integrated circuit devices and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,264,049; 8,264,044; 8,258,550; 8,258,547; 8,217,428; 8,258,552; and/or 8,030,689.  See our February 11, 2013 post for more details on the complaint.

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ALJ Gildea Denies Nonparty Motion To Limit Subpoena In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876)

By Eric Schweibenz
|
Sep
30
On September 23, 2013, ALJ E. James Gildea issued Order No. 34 denying nonparty Kopin Corporation’s (“Kopin”) motion to limit the subpoena served on it by Complainant STMicroelectronics, Inc. (“STM”) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876).

According to the Order, Kopin alleged that STM reached a deal with another nonparty regarding the scope of the subpoena and therefore wants similar limitations imposed, and objected to the extent that the subpoena overlaps with documents already produced by Respondent InvenSense, Inc. (“InvenSense”).  STM filed a cross-motion and opposition, seeking enforcement of its subpoena because Kopin only produced “a paltry 6 documents” and four additional documents on the morning that STM’s opposition was due.  STM also argued that the requested discovery is not duplicative because InvenSense has not produced any Kopin documents.

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ALJ Gildea Denies Motion For Protective Order In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
Sep
30
On September 23, 2013, ALJ E. James Gildea issued Order No. 30 denying Respondents Toshiba Corporation and Toshiba America Information Systems, Inc.’s (collectively, “Toshiba”) motion seeking a protective order in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884).

By way of background, the Commission instituted this investigation on June 20, 2013 based on a complaint filed by Graphics Properties Holdings, Inc. (“GPH”) alleging violation of Section 337 in the importation into the U.S. and sale of certain consumer electronics with display and processing capabilities that infringe one or more claims of U.S. Patent Nos. 6,650,327, 8,144,158 and/or 5,717,881.  See our May 21, 2013 and June 24, 2013 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Gildea Grants Respondents’ Motion to Supplement Invalidity Contentions in Certain Integrated Circuit Devices (337-TA-873)

By Eric Schweibenz
|
Oct
04
On September 27, 2013, ALJ E. James Gildea issued the public version of Order No. 28 (dated September 12, 2013) in Certain Integrated Circuit Devices and Products Containing the Same (Inv. No. 337-TA-873).

According to the Order, Respondents filed a motion to supplement their invalidity contentions in response to discovery that Intel Corporation (“Intel”), a nonparty, provided related to Intel prior art products and inventive activities (collectively, the “Intel Prior Art”). 

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ALJ Gildea Grants Samsung’s Motion For Summary Determination With Respect to the Economic Prong of the Domestic Industry Requirement in Certain Wireless Communications Equipment (337-TA-866)

By Eric Schweibenz
|
Oct
11
On September 26, 2013, ALJ E. James Gildea issued the public version of Order No. 41 (dated September 11, 2013) in Certain Wireless Communications Equipment and Articles Therein (Inv. No. 337-TA-866).

According to the Order, Complainants Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC (collectively, “Samsung”) filed a motion for summary determination that Samsung satisfied the economic prong of the domestic industry requirement based on activities related to Samsung’s base station business.  Samsung’s motion was unopposed.  Samsung asserted that it had made a significant investment in plant and equipment, a significant investment in labor and capital, and a substantial investment in engineering and research and development activities.  Samsung relied on its significant investments in rent, construction, infrastructure improvements, and equipment to show a significant investment in plant and equipment.  To show a significant investment in labor and capital, Samsung relied on its investments in salaries and benefits for employees, the use of third-party contractors, and the use of other contractors associated with the Asserted Base Station Patents.  Finally, Samsung relied on its investments in labor, overhead, and operating costs for LTE activities related to base stations practicing at least one claim of the Asserted Base Station Patents to demonstrate a substantial investment in engineering and research and development activities.

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