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ALJ Pender

ALJ Pender Grants Motion To Terminate In Certain Kinesiotherapy Devices (337-TA-823)

By Eric Schweibenz
|
Aug
14
On August 9, 2012, ALJ Thomas B. Pender issued Order No. 36 granting Complainants Standard Innovation (US) Corp. and Standard Innovation Corporation (collectively, “Standard”) and Respondent Momentum Management, LLC a.k.a. Bushman Products’ (“Bushman”) joint motion to terminate the investigation in Certain Kinesiotherapy Devices and Components Thereof(Inv. No. 337-TA-823).

According to the Order, Bushman entered into a stipulation and consent order.  ALJ Pender found that the stipulation complied with the requirements of Commission Rule 210.21(c)(3).  The ALJ further found that, pursuant to Commission Rule 210.50(b)(2), the termination of the investigation on the basis of the consent order is in the public interest and does not impose any undue burdens on the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers.
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ALJ Pender Grants Motion To Terminate Investigation In Certain Dimmable Compact Fluorescent Lamps (337-TA-830)

By Eric Schweibenz
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Aug
15
On August 8, 2012, ALJ Thomas B. Pender issued Order No. 11 in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same(Inv. No. 337-TA-830).

By way of background, the investigation is based on a complaint filed by Neptun Light, Inc. and Andrzej Bobel (collectively, “Complainants”) alleging violation of Section 337 in the importation and sale of certain dimmable compact fluorescent lamps (CFLs) and products containing same that infringe one or more claims of U.S. Patent Nos. 5,434,480 and 8,035,318.  See our February 23, 2012 post for more details.
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ALJ Pender Grants Motions To Terminate Investigation In Certain Electronic Devices Having A Retractable USB Connector (337-TA-843)

By Eric Schweibenz
|
Aug
16
On August 13, 2012, ALJ Thomas B. Pender issued Order Nos. 23 and 24 in Certain Electronic Devices Having A Retractable USB Connector(Inv. No. 337-TA-843).

In Order No. 23, ALJ Pender granted a joint motion filed by Complainant Anu IP LLC (“Anu”) and Respondent Emtec Electronics, Inc. (“Emtec”) to terminate the investigation with respect to Emtec on the basis of a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Pender granted the motion filed by Anu and Emtec.
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ALJ Pender Grants Motion To Terminate In Certain Kinesiotherapy Devices (337-TA-823)

By Eric Schweibenz
|
Aug
28
On August 21, 2012, ALJ Thomas B. Pender issued Order No. 39 granting Complainants Standard Innovation (US) Corp. and Standard Innovation Corporation (collectively, “Standard”) and Respondent Toys in Babeland LLC (“TIB”) joint motion to terminate the investigation in Certain Kinesiotherapy Devices and Components Thereof (Inv. No. 337-TA-823).

According to the Order, TIB entered into a stipulation and consent order.  ALJ Pender found that the stipulation complied with the requirements of Commission Rule 210.21(c)(3).  The ALJ further found that, pursuant to Commission Rule 210.50(b)(2), the termination of the investigation on the basis of the consent order is in the public interest and does not impose any undue burdens on the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers.
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ALJ Pender Grants Motion To Terminate Investigation As To Samsung In Certain Light-Emitting Diodes (337-TA-785)

By Eric Schweibenz
|
Sep
07
On August 29, 2012, ALJ Thomas B. Pender issued Order No. 37A in Certain Light-Emitting Diodes and Products Containing the Same (Inv. No. 337-TA-785).

In the Order, ALJ Pender granted a joint motion filed by Complainant OSRAM AG and Respondents Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. to terminate the investigation based on a settlement agreement.
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ALJ Pender Grants Motion Regarding Discovery Responses Designated As Containing Confidential Business Information In Certain Dimmable Compact Fluorescent Lamps (337-TA-830)

By Eric Schweibenz
|
Sep
11
On August 29, 2012, ALJ Thomas B. Pender issued Order No. 12 in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same(Inv. No. 337-TA-830).

According to the Order, respondent U Lighting America, Inc. (“ULA”) moved for a determination that the information regarding conception and reduction to practice contained in Complainants Neptun Light, Inc. and Andrzej Bobel’s (collectively, “Neptun”) supplemental responses to ULA’s Interrogatory Nos. 13 and 40 did not contain confidential business information as defined in 19 C.F.R. § 201.6(a).  ULA argued that Neptun did not explain why its responses contain confidential business information pursuant to 19 C.F.R. § 201.6(a) or how its competitive position might be substantially harmed as a result of disclosure.  In opposition, Neptune acknowledged that ULA is only trying to declassify the verified information provided in Neptun’s supplemental responses, not the underlying lab notebook of the inventor that formed the basis of those responses, stating that “[t]he information at issue is pertinent to whether the ‘082 reference is, or is not prior art, as well as causes substantial competitive harm to Neptun as explained by Mr. Bobel in his declaration.”  However, Mr. Bobel’s Declaration Justifying the Confidentiality of Complainant’s [sic] Laboratory Notebook and Contents Thereof” merely stated that “[t]he proposed redactions in Exhibit A, [Neptun’s supplemental responses to ULA Interrogatories 13 and 40,] I also consider to contain proprietary information.”  Finding that Neptune failed to clearly set forth the basis for its assertion that the supplemental responses contain confidential business information, ALJ Pender granted ULA’s motion.
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ALJ Pender Grants Motion To Strike In Certain Electronic Devices With Communication Capabilities (337-TA-808)

By Eric Schweibenz
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Sep
12
On September 5, 2012, ALJ Thomas B. Pender issued Order No. 21 in Certain Electronic Devices with Communication Capabilities, Components Thereof, and Related Software(Inv. No. 337-TA-808).  In the Order, ALJ Pender granted Complainant HTC Corp.’s (“HTC”) motion to strike portions of Respondent Apple Inc.’s (“Apple”) pre-hearing brief.

In support of its motion, HTC sought an order striking exhibits 1-8 of Apple’s pre-hearing brief in light of Ground Rule 9.2 which (i) requires pre-hearing briefs to be “a complete, stand-alone document,” and (ii) warns against using attachments to the pre-hearing brief “to bypass the page limit of the pre-hearing brief.”  HTC (supported by the Commission Investigative Attorney) argued that Apple relegated many of its obviousness contentions solely to its attachments.
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ALJ Pender Sets Procedural Schedule In Certain Integrated Circuit Packages Provided With Multiple Heat-Conducting Paths (337-TA-851)

By Eric Schweibenz
|
Sep
17
Further to our July 6, 2012 and August 14, 2012 posts, on September 13, 2012, ALJ Thomas B. Pender issued Order No. 4 in Certain Integrated Circuit Packages Provided With Multiple Heat-Conducting Paths and Products Containing Same (Inv. No. 337-TA-851).

In the Order, ALJ Pender set the procedural schedule for the investigation and included provisions for the early exchange of claim construction terms and proposed constructions.  ALJ Pender further indicated that the evidentiary hearing will commence on March 4, 2013, any final initial determination will issue no later than July 5, 2013, and the target date for completion of the investigation is November 5, 2013 (which is approximately 16 months after institution of the investigation).
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ALJ Pender Grants Motions To Terminate Investigation In Certain Electronic Devices Having A Retractable USB Connector (337-TA-843)

By Eric Schweibenz
|
Sep
21
On September 19, 2012, ALJ Thomas B. Pender issued Order Nos. 25-31 in Certain Electronic Devices Having A Retractable USB Connector(Inv. No. 337-TA-843).

In Order No. 25, ALJ Pender granted a joint motion filed by Complainant Anu IP LLC (“Anu”) and Respondent Aluratek, Inc. (“Aluratek”) to terminate the investigation with respect to Aluratek on the basis of a settlement agreement. 
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ALJ Pender Denies Motions To Exclude Witness Testimony In Certain Silicon Microphone Packages (337-TA-825)

By Eric Schweibenz
|
Sep
27
On September 21 and 24, 2012, ALJ Thomas B. Pender issued Order No. 12 and Order No. 14, respectively, denying motions to exclude witness testimony in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-825).

According to Order No. 12, complainant Knowles Electronics, LLC (“Knowles”) sought to exclude respondents Analog Devices, Inc., Amkor Technology, Inc., and Avnet, Inc. (“Respondents”) from offering expert opinion testimony at trial from Dr. Michael G. Pecht relating to economic, sales or marketing matters as these areas are outside the scope of his expertise (which is the area of electronics packaging, printed circuit board assembly, surface mount technology, and electronic products and systems development) and is thus unreliable under Fed. R. Evid. 702.  ALJ Pender denied the motion, stating that Dr. Pecht’s lack of specific relevant experience is an issue that goes to the weight assigned to his testimony rather than its admissibility, and that Knowles may address his qualifications, or lack thereof, through cross-examination.
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ALJ Pender Rules On Motion To Exclude Witness Testimony, Exhibits, and Arguments In Certain Silicon Microphone Packages (337-TA-825)

By Eric Schweibenz
|
Oct
01
On September 26, 2012, ALJ Thomas B. Pender issued Order No. 15, ruling on motions to exclude witness testimony, exhibits, and arguments in Certain Silicon Microphone Packages and Products Containing Same(Inv. No. 337-TA-825).

In the Order, ALJ Pender ruled on: 1) Complainant Knowles Electronics, LLC’s (“Knowles”) request to exclude the testimony, and exhibits when relevant, of Respondents’ Analog Devices, Inc., Amkor Technology, Inc., and Avnet, Inc. (“Respondents”) expert, Dr. Michael G. Pecht; 2) Knowles’s request to exclude several of Respondents’ pre-hearing brief arguments; and 3) Respondents’ collateral estoppel arguments.
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ALJ Pender Grants Motion To Terminate In Certain Kinesiotherapy Devices (337-TA-823)

By Eric Schweibenz
|
Oct
03
On October 1, 2012, ALJ Thomas B. Pender issued Order No. 40 granting Complainants Standard Innovation (US) Corp. and Standard Innovation Corporation’s (collectively, “Standard”) motion to terminate the investigation as to Respondents Natural Contours Europe and Lelo Shanghai Trading Ltd. in Certain Kinesiotherapy Devices and Components Thereof(Inv. No. 337-TA-823).

According to the Order, Standard learned after filing the complaint that “Natural Contours and Lelo Shanghai are not entities that sell for importation into the United States, unlawfully import into the United States, and/or sell within the United States after importation certain specific kinesiotherapy devices, and components thereof.”  Standard further stated that it agreed to voluntarily withdraw its complaint against Natural Contours and Lelo Shanghai.  The Commission Investigative Staff did not oppose the motion.  Accordingly, ALJ Pender granted Standard’s motion.
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ALJ Pender Grants-In-Part Motion To Strike Pre-Hearing Brief In Certain Silicon Microphones Packages (337-TA-825)

By Eric Schweibenz
|
Oct
04
On September 27, 2012, ALJ Thomas B. Pender issued Order No. 16 granting-in-part complainant Knowles Electronics, LLC’s (“Knowles”) motion to exclude portions of the pre-hearing brief of Respondents Analog Device, Inc., Avnet, Inc., and Amkor Technology, Inc. (collectively, “Respondents”) in Certain Silicon Microphone Packages and Products Containing Same(Inv. No. 337-TA-825).

According to the Order, Knowles argued that Respondents’ brief failed to comply with Ground Rule 9.2 because the brief improperly incorporated by reference arguments relating to the economic prong of the domestic industry analysis, and because the appendix thereto improperly incorporated by reference arguments relating to anticipation and obviousness.  Respondents countered that their brief provided adequate notice of their arguments relating to the economic prong of the domestic industry requirement and set forth with particularity their contentions regarding the invalidity of the asserted claims, and maintained that the appendix was just a factual compilation of citations to Respondents’ expert witness statements and the relevant prior art, and contained no legal arguments.
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ALJ Pender Issues Notice Of Initial Determination In Certain Electronic Digital Media Devices (337-TA-796)

By Eric Schweibenz
|
Oct
26
On October 24, 2012, ALJ Thomas B. Pender issued a notice regarding the Initial Determination (“ID”) in Certain Electronic Digital Media Devices and Components Thereof(Inv. No. 337-TA-796).  On October 25, 2012, ALJ Pender issued Order No. 27 that corrected two errors in the October 24 notice of ID.

By way of background, the investigation is based on a complaint filed by Apple, Inc.  The Respondents in this investigation are:  Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”).  See our August 2, 2011 post for more details about this investigation.   
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ALJ Pender Grants Motions To Terminate Investigation In Certain Electronic Devices Having A Retractable USB Connector (337-TA-843)

By Eric Schweibenz
|
Nov
14
On November 8, 2012, ALJ Thomas B. Pender issued Order Nos. 32-35 in Certain Electronic Devices Having A Retractable USB Connector(Inv. No. 337-TA-843).

In Order No. 32, ALJ Pender granted a joint motion filed by Complainant Anu IP LLC (“Anu”) and Respondent Office Depot Inc. (“Office Depot”) to terminate the investigation with respect to Office Depot on the basis of a settlement agreement. 
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ALJ Pender Grants Motion To Terminate Investigation In Certain Light-Emitting Diodes (337-TA-785)

By Eric Schweibenz
|
Nov
21
On November 16, 2012, ALJ Thomas B. Pender issued Order No. 39 in Certain Light-Emitting Diodes and Products Containing the Same (Inv. No. 337-TA-785).

In the Order, ALJ Pender granted a joint motion filed by Complainant OSRAM AG and Respondents LG Electronics, Inc., LG Innotek Co., Ltd., LG Electronics U.S.A., Inc., and LG Innotek U.S.A., Inc. to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Pender granted the joint motion and terminated the investigation in its entirety.
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ALJ Pender Grants Motion To Terminate Investigation In Certain Electronic Devices Having A Retractable USB Connector (337-TA-843)

By Eric Schweibenz
|
Nov
30
On November 28, 2012, ALJ Thomas B. Pender issued Order No. 36 granting Complainant Anu IP LLC’s (“Anu”) motion to terminate the investigation based on withdrawal of the Complaint as to Respondent Option, Inc. in Certain Electronic Devices Having A Retractable USB Connector (Inv. No. 337-TA-843).

According the Order, after the complaint was filed, counsel for Respondent Option NV (which was terminated by Commission Notice on August 2, 2012) informed counsel for Anu that Option, Inc. – Option NV’s U.S. subsidiary – was dissolved and no longer in existence.  After independently confirming the foregoing, Anu withdrew the complaint as to Option, Inc.  Since Option, Inc. was the only remaining respondent, Anu asserted that termination of the investigation was warranted.  The Commission Investigative Staff agreed, stating that it was unaware of any extraordinary circumstances that warranted denial of Anu’s motion.  The motion also included a statement that there were no agreements, written or oral, express or implied between Anu and Option, Inc. concerning the subject matter of the investigation, as required by Rule 210.21.  Accordingly, ALJ Pender found termination of the investigation to be in the public interest, and issued an Initial Determination granting Anu’s motion.
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ALJ Pender Sets Procedural Schedule In Certain Cases For Portable Electronic Devices (337-TA-861)

By Eric Schweibenz
|
Nov
30
Further to our November 16, 2012 post, on November 28, 2012, ALJ Thomas B. Pender issued Order No. 3 in Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-861).

In the Order, ALJ Pender set the procedural schedule for the investigation.  The ALJ determined that the evidentiary hearing will commence on August 12, 2013, any final initial determination will issue no later than November 15, 2013, and the target date for completion of the investigation is March 17, 2014 (which is approximately 16 months after institution of the investigation).
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ALJ Pender Grants Motion To Terminate Investigation In Certain Computing Devices With Associated Instruction Sets And Software (337-TA-812)

By Eric Schweibenz
|
Dec
05
On November 30, 2012, ALJ Thomas B. Pender issued Order No. 18 in Certain Computing Devices With Associated Instruction Sets and Software (Inv. No. 337-TA-812).

According to the Order, ALJ Pender granted a joint motion filed by Complainants VIA Technologies, Inc., IP-First, LLC and Centaur Technology, Inc. (collectively, “VIA”) and Respondent Apple, Inc. (“Apple”) to terminate the investigation as to Apple based on a settlement agreement.  As required by Commission Rule 210.50(b)(2), ALJ Pender determined that the settlement agreement between VIA and Apple 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.”
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ALJ Pender Grants Motion For Partial Termination In Certain Food Waste Disposers (337-TA-838)

By Eric Schweibenz
|
Dec
07
On December 4, 2012, ALJ Thomas B. Pender issued Order No. 6 in Certain Food Waste Disposers and Components and Packaging Thereof (Inv. No. 337-TA-838).

According to the Order, ALJ Pender granted Complainant Emerson Electric Co.’s (“Emerson”) motion for partial termination of the current investigation against Respondent Anaheim Manufacturing Co.  Specifically, ALJ Pender granted the motion to terminate the investigation with respect to Emerson’s allegations of infringement of U.S. Patent No. D535,850, trademark infringement by inducement, and trademark dilution.  The remaining allegations in the investigation are trade dress infringement of the Badger Trade Dress and the Evolution Trade Dress, and passing off.
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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.