ALJ Rogers

ALJ Rogers Orders Kaneka To Produce Documents In Certain Coenzyme Q10 Products (337-TA-790)

By Eric Schweibenz
|
Jul
30
On July 20, 2012, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 43(dated June 18, 2012) providing additional guidance regarding Order No. 32 in Certain Coenzyme Q10 Products and Methods of Making Same (Inv. No. 337-TA-790). 

According to the Order, complainant Kaneka Corporation (“Kaneka”) was previously required by Order No. 32 to produce certain categories of documents for which it failed to establish privilege as a result deficiencies in its privilege log.  Kaneka and respondents Zhejiang Medicine Co., Ltd. and ZMC-USA, LLC (collectively, “ZMC”) could not reach a consensus as to whether approximately 140 documents on Kaneka’s privilege log were required to be produced.

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ALJ Rogers Denies Respondents’ Motion For Summary Determination Of Invalidity In Certain Digital Photo Frames And Image Display Devices (337-TA-807)

By Eric Schweibenz
|
Aug
07
On August 2, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 44 in Certain Digital Photo Frames and Image Display Devices and Components Thereof(Inv. No. 337-TA-807).  In the Order, ALJ Rogers denied Respondents Sony Corporation and Sony Corporation of America’s (collectively, “Sony”) motion for summary determination of invalidity of U.S. Patent No. 7,295,443 (“the ‘443 patent”). 

By way of background, the investigation is based on an August 24, 2011 complaint and a September 14, 2011 letter supplementing the complaint filed by Technology Properties Limited, LLC (“TPL”) alleging violation of Section 337 in the importation into the U.S. and sale of certain digital photo frames and image display devices and components thereof that infringe certain claims of the ‘443 patent and U.S. Patent Nos. 6,976,623, 7,162,549, and 7,522,424.  See our September 23, 2011 post for more details.

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ALJ Rogers Grants Motion To Terminate Investigation In Certain Light-Emitting Diodes (337-TA-798)

By Eric Schweibenz
|
Aug
16
On August 10, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 38 in Certain Light-Emitting Diodes and Products Containing Same(Inv. No. 337-TA-798).

In the Order, ALJ Rogers granted a joint motion filed by Complainants Samsung LED Co., Ltd. and Samsung LED America, Inc. (collectively, “Samsung”) and Respondents OSRAM AG, OSRAM Opto Semiconductors GmbH, and OSRAM Sylvania, Inc. (collectively, “OSRAM”) to terminate the investigation on the basis of a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Rogers granted the motion filed by Samsung and OSRAM and dismissed the investigation in its entirety.

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ALJ Rogers Denies Motion To Consolidate Investigations In Certain Incremental Dental Positioning Adjustment Appliances (337-TA-562) And Certain Digital Models, Digital Data, And Treatment Plans For Use In Making Incremental Dental Positioning Adjustment A

By Eric Schweibenz
|
Aug
20
On August 16, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 43 in Certain Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same (Inv. No. 337-TA-562).  This Order was also styled as Order No. 13 in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making Same(Inv. No. 337-TA-833).  In the Order, ALJ Rogers denied Respondents ClearCorrect Operating, LLC (“ClearCorrect USA”) and ClearCorrect Pakistan (Private), Ltd.’s (“ClearCorrect Pakistan”) (collectively, “ClearCorrect”) motion to consolidate the 562 enforcement proceeding with the 833 investigation.

According to the Order, ClearCorrect argued that the 562 enforcement proceeding and the 833 investigation should be consolidated because (1) Align Technology, Inc. (“Align”) is the Complainant in both proceedings; (2) ClearCorrect USA and ClearCorrect Pakistan are Respondents in both proceedings; (3) the same technology and products are at issue in both proceedings; (4) the same patents and claims asserted in the 562 proceeding are also asserted in the 833 investigation; (5) both proceedings are on substantially the same schedule; (6) the parties are already proceeding with consolidated discovery in both proceedings; (7) consolidation would avoid the possibility of inconsistent decisions; and (8) consolidation would conserve the resources of the parties and the Commission.

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ALJ Rogers Grants Motion To Strike Invalidity And Unenforceability Defenses In Certain Incremental Dental Positioning Adjustment Appliances (337-TA-562)

By Eric Schweibenz
|
Aug
31
On August 20, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 44 granting Complainant Align Technology’s (“Align”) motion to strike Respondents ClearCorrect Operating, LLC (“ClearCorrect USA”), ClearCorrect Pakistan (Private), Ltd., Mudassar Rathore, Waqas Wahab, Nadeem Arif, and Asim Waheed’s (collectively, “Respondents”) affirmative defenses related to invalidity or unenforceability in Certain Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same (Inv. No. 337-TA-562).

According to the Order, Align argued that the Consent Order at issue in the enforcement action expressly prohibits parties bound thereto from challenging the validity or enforceability of the relevant patents, and that if any of the Respondents is found not to be bound by the Consent Order, then that respondent would no longer be a party to the investigation.  The Commission Investigative Staff (“OUII”) was also of the view that invalidity and unenforceability defenses cannot be raised in an enforcement action as a matter of law because they are precluded by the Commission Rules and typical consent order provisions.  The OUII further contended that the question of whether the Consent Order binds Respondents, who have different names than the original respondents, does not affect whether invalidity and unenforceability arguments are proper.  ClearCorrect USA countered that it was never a party to the Consent Order and is not bound by its terms, and also argued that “several of Align’s patent claims, including one of the patents at issue in the underlying investigation” were invalidated by the Federal Circuit in Ormco Corp. v. Align Technology, Inc., 463 F.3d 1299 (Fed. Cir. 2006) and Ormco Corp. v. Align Technology, Inc., 498 F.3d 1307 (Fed. Cir. 2007).

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ALJ Rogers Grants Motion To Terminate Investigation As To Sony In Certain Digital Photo Frames And Image Display Devices (337-TA-807)

By Eric Schweibenz
|
Sep
06
On September 5, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 46 in Certain Digital Photo Frames And Image Display Devices and Components Thereof(Inv. No. 337-TA-807).

In the Order, ALJ Rogers granted a motion filed by Respondents Sony Corporation and Sony Corporation of America to terminate the investigation based on the entry of a consent order.

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ALJ Rogers Denies Unopposed Motion To Partially Terminate Investigation In Certain Light-Emitting Diodes (337-TA-802)

By Eric Schweibenz
|
Sep
11
On August 28, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 27 in Certain Light-Emitting Diodes and Products Containing Same(Inv. No. 337-TA-802).  In the Order, ALJ Rogers denied Complainants LG Electronics, Inc. and LG Innotek Co. Ltd.’s (collectively, “LG”) unopposed motion to partially terminate the investigation with respect to claim 40 of U.S. Patent No. 7,884,388.

According to the Order, LG sought to withdraw its allegations of infringement of claim 40; however, LG would continue to rely on claim 40 to demonstrate the existence of a domestic industry.  In denying the motion, ALJ Rogers observed that (1) LG already waived any allegations of infringement of claim 40, as it did not address infringement of claim 40 in its pre-trial brief; and (2) LG would not be harmed by denial of its motion because evidence regarding the validity of claim 40 is relevant and material to the issue of domestic industry (quoting Certain Ground Fault Circuit Interrupters and Products Containing Same, Inv. No. 337-TA-739, Comm’n Op. (June 8, 2012) (“It is sufficient to show that the products practice any valid claim of the asserted patent, not necessarily an asserted claim of that patent.”)).

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ALJ Rogers Grants Motion To Terminate Investigation In Certain Semiconductor Integrated Circuit Devices (337-TA-840)

By Eric Schweibenz
|
Sep
12
On September 7, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 13 in Certain Semiconductor Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-840).

In the Order, ALJ Rogers granted a joint motion filed by Complainant Microchip Technology Incorporated (“Microchip”) and Respondents Intersil Corporation, Zilker Labs LLC, and Techwell LLC’s (collectively, “Respondents”) to terminate the investigation on the basis of a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Rogers granted the motion filed by Microchip and the Respondents and terminated the investigation in its entirety.

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ALJ Rogers Sets Target Date In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Sep
28
Further to our September 19, 2012 post, on September 26, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 4 in Certain Two-Way Global Satellite Communication Devices, Systems, and Components Thereof(Inv. No. 337-TA-854).

According to the Order, ALJ Rogers set December 20, 2013 as the target date (which is 15 months after institution of the investigation).  ALJ Rogers further indicated that the initial determination on alleged violation shall be due on August 20, 2013.

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ALJ Rogers Sets Target Date In Certain Wireless Communication Devices (337-TA-856)

By Eric Schweibenz
|
Sep
28
Further to our September 20, 2012 post, on September 26, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 4 in Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers, and Components Thereof (Inv. No. 337-TA-856).

According to the Order, ALJ Rogers set January 21, 2014 as the target date (which is 16 months after institution of the investigation).  ALJ Rogers further indicated that the initial determination on alleged violation shall be due on September 20, 2013.

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ALJ Rogers Issues Initial Determination In Certain Coenzyme Q10 Products (337-TA-790)

By Eric Schweibenz
|
Sep
28
On September 27, 2012, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Coenzyme Q10 Products and Methods of Making Same(Inv. No. 337-TA-790). 

By way of background, the investigation is based on a complaint filed by Complainant Kaneka Corporation alleging violation of Section 337 in the importation into the U.S. and sale of certain coenzyme Q10 products made by certain processes that infringe one or more claims of U.S. Patent No. 7,910,340 (the ‘340 patent).  The Respondents are Zhejiang Medicine Co., Ltd., ZMC-USA, L.L.C., Xiamen Kingdomway Group Co., Pacific Rainbow International Inc., Mitsubishi Gas Chemical Co., Inc., Mitsubishi Gas Chemical America, Maypro Industries, Inc., and Shenzhou Biology & Technology Co., Ltd. (collectively, the “Respondents”).  See our July 15, 2011 post for more details.

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ALJ Rogers Sets Procedural Schedule In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Oct
22
Further to our September 19, 2012 and September 28, 2012 posts, on October 18, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 6 in Certain Two-Way Global Satellite Communication Devices, Systems, and Components Thereof(Inv. No. 337-TA-854).

In the Order, ALJ Rogers set the procedural schedule for the investigation and included provisions for the early exchange of claim construction terms and proposed constructions.  The procedural schedule also provides that the evidentiary hearing in this investigation will commence on June 24, 2013; the initial determination on alleged violation shall be due on August 20, 2013; and the target date for completion of the investigation is December 20, 2013 (which is approximately 15 months after institution of the investigation).

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ALJ Rogers Grants Motion To Terminate Investigation In Certain Projectors with Controlled-Angle Optical Retarders (337-TA-815)

By Eric Schweibenz
|
Oct
23
On October 19, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 24 in Certain Projectors with Controlled-Angle Optical Retarders, Components Thereof, and Products Containing Same (Inv. No. 337-TA-815).

In the Order, ALJ Rogers considered a motion filed by Complainant Compound Photonics Ltd. and Compound Photonics U.S. Corporation to terminate this investigation in its entirety based on withdrawal of the complaint.  According to the Order, Respondents Sony Corporation, Sony Electronics, Inc., and Sony Corporation of America did not oppose the motion.  Also, the Commission Investigative Staff filed a response in support of the motion.  Accordingly, ALJ Rogers granted the motion and terminated this investigation in its entirety.

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ALJ Rogers Sets Target Date In Certain Integrated Circuit Chips (337-TA-859)

By Eric Schweibenz
|
Oct
25
Further to our October 22, 2012 post, on October 23, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 4 in Certain Integrated Circuit Chips and Products Containing The Same(Inv. No. 337-TA-859).

According to the Order, ALJ Rogers set February 24, 2014 as the target date (which is 16 months after institution of the investigation).  ALJ Rogers further indicated that the initial determination on alleged violation shall be due on October 22, 2013.

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ALJ Rogers Grants Motion To Terminate Investigation As To Yellowbrick Tracking In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
|
Nov
13
On November 8, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 7 in Certain Two-Way Global Satellite Communication Devices, Systems, and Components Thereof(Inv. No. 337-TA-854).

In the Order, ALJ Rogers granted a motion filed by Complainant BriarTek IP, Inc. to terminate the investigation with respect to Respondent Yellowbrick Tracking, Ltd. based on a settlement agreement.

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ALJ Rogers Grants Motion To Terminate The Investigation In Certain Dynamic Random Access Memory Devices (337-TA-821)

By Eric Schweibenz
|
Nov
16
On November 14, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 17 in Certain Dynamic Random Access Memory Devices, and Products Containing Same(Inv. No. 337-TA-821).

According to the Order, Complainant Nanya Technology Corporation (“Nanya”) asserted that Micron Technology, Inc. (“Micron”), which has a license to the patents-at-issue, is in the process of acquiring Respondents Elpida Memory, Inc., Elpida Memory (USA), and Kingston Technology Co. (collectively, “Elpida”).  Therefore, Nanya argued that ALJ Rogers should grant the motion because, upon Micron’s acquisition of Elpida, the investigation would be moot.

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ALJ Rogers Sets Procedural Schedule In Certain Integrated Circuit Chips (337-TA-859)

By Eric Schweibenz
|
Nov
16
Further to our October 22, 2012 and October 25, 2012 posts, on November 13, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 5 in Certain Integrated Circuit Chips and Products Containing The Same (Inv. No. 337-TA-859).

In the Order, ALJ Rogers set the procedural schedule for the investigation and included provisions for the early exchange of claim construction terms and proposed constructions.  The procedural schedule also provides that the evidentiary hearing in this investigation will commence on August 26, 2013; the initial determination on alleged violation shall be due on October 22, 2013; and the target date for completion of the investigation is February 24, 2014 (which is approximately 16 months after institution of the investigation).

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ALJ Rogers Grants Motion To Terminate Investigation In Certain Light-Emitting Diodes (337-TA-802)

By Eric Schweibenz
|
Nov
26
On November 13, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 30 in Certain Light-Emitting Diodes and Products Containing the Same(Inv. No. 337-TA-802).

In the Order, ALJ Rogers granted a joint motion filed by Complainant LG Electronics, Inc. and LG Innotek Co., Ltd. and Respondents OSRAM AG, OSRAM Sylvania Inc., OSRAM Opto Semiconductors GmbH, OSRAM Opto Semiconductors, Inc., Hella KGaA Hueck & Co., Hella Electronics Corp., Hella Corporate Center USA, Inc., Hella, Inc., and Automotive Lighting Reutlingen GmbH, Automotive Lighting, LLC, and Tecnologia de Iluminacion Automotriz S.A. de C.V. to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Rogers granted the joint motion and terminated the investigation in its entirety.

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ALJ Rogers Denies Motion To Compel Forensic Examination In Certain Incremental Dental Positioning Adjustment Appliances (337-TA-562)

By Eric Schweibenz
|
Nov
30
On November 21, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 56 denying Complainant Align Technology, Inc’s (“Align”) motion to compel Respondent ClearCorrect Operating, LLC (“ClearCorrect”) to submit to a third-party forensic examination in Certain Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same (Inv. No. 337-TA-562).

According to the Order, Align moved to compel a “forensic examination of hard drives, backup media devices, shared drives, email servers, electronic media, electronic information stored on the cloud, personal email accounts, and electronic archives of ClearCorrect and its employees.”  Align alleged that the requested discovery was required in order to resolve various deficiencies in ClearCorrect’s document production which, despite the parties best efforts, could not be settled without the requested forensic examination.

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