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ALJ Shaw

ALJ Shaw Cancels Tutorial And Markman Hearing In Certain Microprocessors (337-TA-781)

By Eric Schweibenz
|
Oct
31
On October 31, 2011, ALJ David P. Shaw issued a notice in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781).

In the notice, ALJ Shaw canceled both the technology tutorial and Markman that were scheduled to commence on November 28, 2011.  ALJ Shaw further indicated that the “tutorial will be rescheduled at a later date.”

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ALJ Shaw Sets Revised Procedural Schedule In Certain Gaming and Entertainment Consoles (337-TA-752)

By Eric Schweibenz
|
Nov
15
On November 14, 2011, ALJ David P. Shaw issued Order No. 21 in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof(Inv. No. 337-TA-752).

The revised procedural schedule follows ALJ Shaw’s November 4, 2011 determination in Order No. 19 to extend the target date in this investigation by three months, i.e., to August 23, 2012.

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ALJ Shaw Sets Procedural Schedule In Certain Integrated Solar Power Systems (337-TA-811)

By Eric Schweibenz
|
Dec
12
Further to our November 7, 2011 post, on November 29, 2011, ALJ David P. Shaw issued Order No. 6:  Setting Procedural Schedule in Certain Integrated Solar Power Systems and Components Thereof(Inv. No. 337-TA-811).

In the Order, ALJ Shaw included provisions for the early exchange of claim terms and proposed constructions.  In addition, the evidentiary hearing is scheduled for September 24, 2012.  The Initial Determination is due on January 8, 2013 and the target date for completing the investigation is May 8, 2013 (which is 18 months after institution of the investigation).

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ALJ Shaw Sets Target Date In Certain Devices With Secure Communication Capabilities (337-TA-818)

By Eric Schweibenz
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Jan
18
Further to our December 10, 2011 post, on January 17, 2012, ALJ David P. Shaw issued Order No. 4 in Certain Devices with Secure Communication Capabilities, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-818).

In the Order, ALJ Shaw set April 8, 2013 as the target date for completing the investigation (which is sixteen months after institution of the investigation).  ALJ Shaw further determined that the initial determination on violation shall be due on December 7, 2012.

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ALJ Shaw Sets Procedural Schedule In Certain Devices With Secure Communication Capabilities (337-TA-818)

By Eric Schweibenz
|
Jan
23
Further to our December 10, 2011 and January 18, 2012 posts, on January 18, 2012, ALJ David P. Shaw issued Order No. 5 in Certain Devices with Secure Communication Capabilities, Components Thereof, and Products Containing the Same(Inv. No. 337-TA-818).

In the Order, ALJ Shaw included provisions for the early exchange of claim terms and proposed constructions.  In addition, ALJ Shaw determined that the evidentiary hearing will commence on September 5, 2012; the Initial Determination is due on December 7, 2012; and the target date for completing the investigation is April 8, 2013 (which is 16 months after institution of the investigation).

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ALJ Shaw Rules On Motions In Limine in Certain Gaming and Entertainment Consoles (337-TA-752)

By Eric Schweibenz
|
Jan
26
On January 23, 2012 ALJ David P. Shaw issued the public versions of Order Nos. 31 and 32 (both dated January 6, 2012) concerning motions in limine filed by the Complainants and the Respondent, respectively, in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (337-TA-752).

By way of background, the investigation is based on a November 22, 2010 complaint filed by Motorola Mobility, Inc. and General Instrument Corp. (collectively, “Motorola”) alleging that Microsoft Corp. (“Microsoft”) violates Section 337 by infringing various patents.  See our November 24, 2010 post for more details.

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ALJ Shaw Denies Motion To Strike Expert Testimony in Certain Gaming and Entertainment Consoles (337-TA-752)

By Eric Schweibenz
|
Jan
31
On January 30, 2012, ALJ David P. Shaw issued Order No. 33 concerning a renewed request to strike expert testimony by the Respondent in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof  (337-TA-752).

As described in our January 26, 2012 post, ALJ Shaw recently ruled on several motions in liminefiled by Complainants Motorola Mobility, Inc. and General Instrument Corp. (collectively, “Motorola”)and Respondent Microsoft Corp. (“Microsoft”) before holding the evidentiary hearing.  According to Order 33, during the evidentiary hearing Microsoft renewed its request to strike portions of the witness statement (containing the direct testimony) of one of Motorola’s expert witnesses, Dr. Vijay K. Madisetti.  As explained in the Order, the ALJ heard arguments from the parties and requested further briefing on this issue “particularly in view of the fact that the Madisetti witness statement had been the subject of a Motorola motion in limine, and a subsequent ruling contained in Order No. 32.”

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ALJ Shaw Sets Target Date In Certain Electric Fireplaces (337-TA-791/826)

By Eric Schweibenz
|
Feb
06
Further to our January 17, 2012 post, on February 6, 2012, ALJ David P. Shaw issued Order No. 11 in Certain Electric Fireplaces, Components Thereof, Manuals for Same, and Products Containing Same, Certain Processes for Manufacturing or Relating to Same, and Certain Products Containing Same (Inv. No. 337-TA-791/826).

In the Order, ALJ Shaw set April 19, 2013 as the target date for completing the investigation (which is fifteen months after institution of the investigation).  ALJ Shaw further determined that the initial determination on violation shall be due on December 19, 2012.

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ALJ Shaw Grants Joint Motion To Terminate Investigation As To Sony In Certain Video Analytics Software (337-TA-795)

By Eric Schweibenz
|
Feb
27
On February 23, 2012, ALJ David P. Shaw issued Order No. 19 in Certain Video Analytics Software, Systems, Components Thereof, and Products Containing Same(Inv. No. 337-TA-795).

In the Order, ALJ Shaw granted a joint motion filed by Complainant ObjectVideo, Inc. (“ObjectVideo”) and Respondents Sony Electronics Inc. and Sony Corporation (collectively, “Sony”) to terminate the investigation based on a patent license agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Shaw granted the joint motion filed by ObjectVideo and Sony.

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ALJ Shaw Grants Motion to Present Evidence In Certain Gaming And Entertainment Consoles (337-TA-752)

By Eric Schweibenz
|
Feb
28
On February 23, 2012, ALJ David P. Shaw issued the public version of Order No. 24(dated December 12, 2011) granting Complainants Motorola Mobility, Inc. and General Instrument Corporation’s (collectively, “Motorola”) motion to present certain evidence at the evidentiary hearing in Certain Gaming And Entertainment Consoles, Related Software, And Components Thereof (Inv. No. 337-TA-752).

By way of background, the investigation is based on a November 22, 2010 complaint filed by Motorola alleging that Microsoft Corp. (“Microsoft”) violated Section 337 by infringing various patents.  See our November 24, 2010 postfor more details.

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ALJ Shaw Grants Joint Motion To Terminate Investigation In Certain DC-DC Controllers (337-TA-698)

By Eric Schweibenz
|
Mar
22
On March 20, 2012, ALJ David P. Shaw issued Order No. 89 in Certain DC-DC Controllers and Products Containing Same (Inv. No. 337-TA-698).

In the Order, ALJ Shaw granted a joint motion filed by Complainants Richtek Technology Corp. and Richtek USA, Inc. and enforcement respondent Sapphire Technology Limited to terminate the Investigation based on a settlement agreement.

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ALJ Shaw Sets Procedural Schedule In Certain Wireless Devices With 3G Capabilities (337-TA-800)

By Eric Schweibenz
|
Mar
26
On March 23, 2012, ALJ David P. Shaw issued Order No. 18:  Setting Procedural Schedule in Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800).

In the Order, ALJ Shaw included provisions for the early exchange of claim terms and proposed constructions.  In addition, ALJ Shaw determined that the evidentiary hearing will commence on October 22, 2012; the Initial Determination is due on February 28, 2013; and the target date for completing the investigation is June 28, 2013.

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ALJ Shaw Sets Target Date In Certain Toner Cartridges (337-TA-829)

By Eric Schweibenz
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Apr
16
Further to our February 23, 2012 post, on April 11, 2012, ALJ David P. Shaw issued Order No. 5 in Certain Toner Cartridges and Components Thereof(Inv. No. 337-TA-829).

According to the Order, ALJ Shaw set June 28, 2013 as the target date (which is approximately 16 months after institution of the investigation).  ALJ Shaw further indicated that the initial determination on alleged violation shall be due on February 28, 2013.

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ALJ Shaw Issues Initial Determination In Certain Gaming And Entertainment Consoles (337-TA-752)

By Eric Schweibenz
|
Apr
26
On April 23, 2012, ALJ David P. Shaw issued a notice regarding the Initial Determination (“ID”) in Certain Gaming And Entertainment Consoles, Related Software, And Components Thereof (Inv. No. 337-TA-752).

By way of background, the investigation is based on a November 22, 2010 complaint filed by Motorola Mobility, Inc. alleging that Microsoft Corp. (“Microsoft”) violated Section 337 by infringing various patents.  The complaint named certain models of Microsoft’s popular Xbox product as infringing devices.  See our November 24, 2010 post for more details.

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ALJ Shaw Rules On Pre-Trial Motions In Certain Light-Emitting Diodes (337-TA-784)

By Eric Schweibenz
|
May
01
On April 25, 2012, ALJ David P. Shaw issued Order No. 24 ruling on various motions to strike and motions in limine in Certain Light-Emitting Diodes and Products Containing the Same (Inv. No. 337-TA-784).

According to the Order, Respondents LG Electronics, Inc., LG Innotek Co., Ltd., LG Electronics U.S.A., Inc., and LG Innotek U.S.A., Inc. (collectively, “LG”) moved to strike portions of the rebuttal expert report and certain deposition testimony of Complainant OSRAM AG’s (“OSRAM”) expert witness, Dr. Blanchard, along with related test evidence.  The ALJ found that LG was right to question the timing and disclosure of Dr. Blanchard’s additional thermal testing, but nevertheless found that OSRAM’s motivation for conducting the additional tests seemed reasonable, and that the timing of the depositions and rebuttal expert reports were such that the testing did not actually prejudice LG.  Accordingly, ALJ Shaw denied the motion.

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ALJ Shaw Sets Procedural Schedule In Certain Toner Cartridges (337-TA-829)

By Eric Schweibenz
|
May
10
Further to our February 23, 2012 and April 16, 2012 posts, on May 8, 2012, ALJ David P. Shaw issued Order No. 6 in Certain Toner Cartridges and Components Thereof(Inv. No. 337-TA-829).

In the Order, ALJ Shaw included provisions for the early exchange of claim terms and proposed constructions.  In addition, ALJ Shaw determined that the evidentiary hearing will commence on November 26, 2012; the Initial Determination is due on February 28, 2013; and the target date for completing the investigation is June 28, 2013 (which is approximately 16 months after institution of the investigation).

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ALJ Shaw Sets Target Date In Certain Audiovisual Components (337-TA-837)

By Eric Schweibenz
|
May
11
Further to our April 13, 2012 post, on May 10, 2012, ALJ David P. Shaw issued Order No. 3 in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837).

According to the Order, ALJ Shaw set August 19, 2013 as the target date (which is approximately 16 months after institution of the investigation).  ALJ Shaw further indicated that the initial determination on alleged violation shall be due on April 19, 2013.

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ALJ Shaw Denies Motion For Summary Determination In Certain Light-Emitting Diodes (337-TA-784)

By Eric Schweibenz
|
May
21
On May 17, 2012, ALJ David P. Shaw issued the public version of Order No. 21 (dated April 13, 2012) denying Complainant OSRAM AG’s (“OSRAM”) motion for summary determination that it satisfied the economic prong of the domestic industry requirement in Certain Light-Emitting Diodes and Products Containing the Same (Inv. No. 337-TA-784).

According to the Order, OSRAM argued that it devoted substantial resources in the United States, including investments in domestic engineering and research and development of products incorporating LEDs, at its two domestic subsidiaries, OSRAM Opto Semiconductors, Inc. and OSRAM Sylvania Inc.  OSRAM further contended that these investments related to work on OSRAM LEDs with chip level conversion technology, which OSRAM asserts are covered by the claims of one of the patents-in-suit.

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ALJ Shaw Sets Target Date In Certain Cameras and Mobile Devices (337-TA-842)

By Eric Schweibenz
|
May
21
Further to our April 30, 2012 post, on May 18, 2012, ALJ David P. Shaw issued Order No. 3 in Certain Cameras and Mobile Devices, Related Software and Firmware, and Components Thereof and Products Containing the Same (Inv. No. 337-TA-842).

According to the Order, ALJ Shaw set September 3, 2013 as the target date (which is approximately 16 months after institution of the investigation).  ALJ Shaw further indicated that the initial determination on alleged violation shall be due on May 3, 2013.

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ALJ Shaw Sets Procedural Schedule In Certain Cameras and Mobile Devices (337-TA-842)

By Eric Schweibenz
|
May
23
Further to our April 30, 2012 and May 21, 2012 posts, on May 21, 2012, ALJ David P. Shaw issued Order No. 4 in Certain Cameras and Mobile Devices, Related Software and Firmware, and Components Thereof and Products Containing the Same (Inv. No. 337-TA-842).

In the Order, ALJ Shaw included provisions for the early exchange of claim terms and proposed constructions.  In addition, ALJ Shaw determined that the evidentiary hearing will commence on January 28, 2013; the Initial Determination is due on May 3, 2013; and the target date for completing the investigation is September 3, 2013 (which is approximately 16 months after institution of the investigation).

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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.