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ALJ Gildea

ALJ Gildea Denies Motion To Compel Expert Deposition In Certain Microphone Packages (337-TA-888)

By Eric Schweibenz
|
Apr
21
On April 17, 2014, ALJ E. James Gildea issued the public version of Order No. 33 (dated April 11, 2014) denying Complainant’s Motion to Compel Expert Deposition in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same that infringe, or that are made by a process that infringes, one or more claims of U.S. Patent Nos. 7,439,616, 8,018,049, and 8,121,331.  See our June 25, 2013 and July 24, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Gildea Denies Motion For Summary Determination Of Invalidity For Lack Of Written Description In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
Apr
21
On April 15, 2014, ALJ E. James Gildea issued Order No. 77 in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884).  In the Order, ALJ Gildea denied Respondents Toshiba Corp., Toshiba America, Inc., Toshiba American Information Systems, Inc., and Vizio, Inc.’s (collectively, “Respondents”) motion for summary determination that certain claims of U.S. Patent No. 8,144,158 (the ‘158 patent) are invalid for lack of written description.

Respondents argued that the claim terms “scan converter” and “scan convert data” in the ‘158 patent needed to be construed in accordance with how similar terms had been construed in the related U.S. Patent No. 6,650,327 (the ‘327 patent).  Respondents noted that the U.S. Court of Appeals for the Federal Circuit had previously construed the ‘327 terms to require that the claimed scan converter perform operations entirely in floating point.  Respondents therefore argued that the ‘158 claims also required that operations be performed entirely in floating point.  However, Respondents argued that if the ALJ were to construe the terms as not having this requirement, then the ‘158 patent lacks written description support for claims that include these terms because the specification allegedly does not provide support for a scan converter that does not operate entirely in floating point.
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ALJ Gildea Rules On Motions In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
May
02
On April 21, 2014, ALJ E. James Gildea issued the public versions of Order Nos. 71, 74, and 76 (dated April 1, 2014, April 2, 2014, and April 4, 2014, respectively) in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884).

By way of background, the investigation is based on a complaint filed by Graphics Properties Holding Inc. (“Complainant”) alleging a violation of Section 337 in the importation into the U.S., sale of importation into the U.S., or sale after importation into the U.S. of certain consumer electronics with display and processing capabilities that infringe one or more claims of U.S. Patent Nos. 6,650,327 (the ‘327 patent), 8,144,158 (the ‘158 patent), and 5,717,881 (the ‘881 patent) by numerous Respondents.  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 Issues Claim Construction Order In Certain Silicon Microphone Packages And Products Containing Same (337-TA-888)

By Eric Schweibenz
|
May
09
On May 8, 2014, ALJ E. James Gildea issued the public version of Order No. 34 (dated April 15, 2014) in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same that infringe, or that are made by a process that infringes, one or more claims of U.S. Patent Nos. 7,439,616 (the ‘616 patent), 8,018,049 (the ‘049 patent), and 8,121,331 (the ‘331 patent).  See our June 25, 2013 and July 24, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Gildea Issues Public Versions Of Various Discovery-Related Orders in Certain Silicon Microphone Packages (337-TA-888)

By Eric Schweibenz
|
May
16
On May 8, 2014, ALJ Gildea issued the public versions of Order Nos. 35 (dated April 15, 2014), 36 (dated April 17, 2014), 39 (dated April 28, 2014), and 40 (dated April 28, 2014) in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888). 

By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same that infringe, or that are made by a process that infringes, one or more claims of U.S. Patent Nos. 7,439,616; 8,018,049; and 8,121,331.  See our June 25, 2013and July 24, 2013posts for more details on the complaint and notice of investigation, respectively.
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ALJ Gildea Denies Motion for Summary Determination In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
May
21
On May 9, 2014, ALJ Gildea issued the public version of Order No. 78 (dated April 18, 2014)  denying Complainant’s first motion for summary determination as to domestic industry and making certain undisputed fact findings pursuant to Commission Rule 210.18(e) in Certain Consumer Electronics With Display and Processing Capabilities (337-TA-884).

By way of background, the investigation is based on a complaint filed by Graphics Properties Holding Inc. (“Complainant”) alleging a violation of Section 337 in the importation into the U.S., sale of importation into the U.S., or sale after importation into the U.S. 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 5,717,881 by numerous Respondents.  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 Finds Violation Of Section 337 In Certain Silicon Microphone Packages (337-TA-888)

By Eric Schweibenz
|
Sep
04
On August 29, 2014, ALJ E. James Gildea issued a notice of the Initial Determination ("ID") in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC ("Knowles") alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, "GoerTek") in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same that infringe, or that are made by a process that infringes, one or more claims of U.S. Patent Nos. 7,439,616; 8,018,049; and 8,121,331 (collectively, the "asserted patents").  See our June 25, 2013 and July 24, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Gildea Finds Violation Of Section 337 In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
Sep
09
On August 29, 2014, ALJ E. James Gildea issued a notice of the Initial Determination ("ID") in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884).

By way of background, the Commission instituted this investigation based on a complaint filed by Graphics Properties Holdings, Inc. alleging a violation of Section 337 by Respondents Toshiba America, Inc., Toshiba Corp., and Toshiba America Information Systems in the importation into the U.S., sale of importation into the U.S., or sale after importation into the U.S. of certain consumer electronics with display and processing capabilities that infringe one or more claims of U.S. Patent Nos. 6,650,327 (the '327 patent), 8,144,158 (the '158 patent), and 5,717,881 (the '881 patent) (collectively, "the Asserted Patents").  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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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.