ALJ Shaw

ALJ Shaw Rules On Motions For Summary Determination In Certain Crawler Cranes (337-TA-887)

By Eric Schweibenz
|
Feb
19
On February 12, 2014, ALJ David P. Shaw issued Order No. 17 and No. 18 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).

According to Order No. 17, Complainant Manitowoc Cranes, LLC (“Manitowoc”) moved for summary determination that it satisfies the economic prong of the domestic industry requirement and that it satisfies the domestic industry requirement for trade secret misappropriation.  Respondents Sany Heavy Industry Co., Ltd. and Sany America, Inc. (collectively, “Sany”) stipulated to and did not oppose the motion.  Sany’s response, however, indicated that although it stipulated to the motion with respect to the economic prong, Manitowoc had dedicated a significant portion of the motion to the technical prong, straying from the scope of Sany’s consent.  Regardless, ALJ Shaw determined that the “central question” – whether the economic prong of the domestic industry requirement is satisfied – could still be determined.

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ALJ Shaw Denies Motion For Summary Determination In Certain Crawler Cranes (337-TA-887)

By Eric Schweibenz
|
Feb
24
On February 20, 2014, ALJ David P. Shaw issued the public version of Order No. 19 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).

According to the Order, Complainant Manitowoc Cranes, LLC (“Manitowoc”) filed a motion for summary determination that assignor estoppel prohibited respondents Sany America Inc. and Sany Heavy Industry Co., Ltd. (collectively, “Sany”) from challenging the validity of U.S. Patent Nos. 7,546,928 (the ‘928 patent) and 7,967,158 (the ‘158 patent) (collectively, “the asserted patents”).  Manitowoc argued that there was no genuine issue of material fact that would cast doubt on whether Sany was prohibited from challenging the validity of the asserted patents due to assignor estoppel based on the following reasons: (1) assignor estoppel prevents the assignor of the patent, and those in privy with the assignor, from challenging the validity of the patent; (2) John Lanning is a named inventor and assignor of the ‘158 patent and, as such, is estopped from challenging the validity of the patent; (3) Sany is in privity with Mr. Lanning and therefore estopped from challenging the validity of the ‘158 patent; (4) Mr. Lanning is in privity with the named inventors of the ‘928 patent; (5) Mr. Lanning was involved in the design and development of Sany’s Crane, which is accused of infringing both of the asserted patents; and (6) because Mr. Lanning is in privity with the assignors of the ‘928 patent and Sany is in privity with Mr. Lanning, Sany is estopped from challenging the validity of both of the asserted patents.

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ALJ Shaw Grants Motions To Quash Subpoenas In Certain Digital Media Devices (337-TA-882)

By Eric Schweibenz
|
Feb
28
On February 18, 2014, ALJ David P. Shaw issued Order No. 45 in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).

According to the Order, intervenor Google Inc. (“Google”) and respondent Samsung Electronics America, Inc. (“SEA”) both filed motions to quash a subpoena ad testificandum.  The subpoenas at issue were served by complainant Black Hills Media, LLC (“BHM”) seeking the testimony of live witnesses at the evidentiary hearing in the investigation, scheduled to commence on February 18, 2014 and to conclude no later than February 26, 2014. 

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ALJ Shaw Grants Motion To Terminate Investigation In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Mar
04
On February 19, 2014, ALJ David P. Shaw issued the public version of Order No. 21 (dated February 6, 2014) in Certain Multiple Mode Outdoor Grills and Components Thereof(Inv. No. 337-TA-895).

According to the Order, ALJ Shaw granted Complainants A&J Manufacturing, LLC and A&J Manufacturing, Inc.’s motion to terminate the investigation as to Respondents Kmart Corp., Sears Brands Management Corp., and Sears, Roebuck & Company (collectively, "Respondents") based on withdrawal of the complaint as to these Respondents.

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ALJ Shaw Denies Motion For Summary Determination In Certain Crawler Cranes (337-TA-887)

By Eric Schweibenz
|
Mar
06
On February 25, 2014, ALJ David P. Shaw issued the public version of Order No. 21 (dated February 20, 2014) in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).

According to the Order, Respondents Sany Heavy Industry Co., Ltd. and Sany America, Inc. (collectively, “Sany”) filed a motion for “summary determination that Complainant’s list of alleged trade secrets are not subject to trade secret protection or that Respondents have not misappropriated them.”  Sany argued that many of Complainant Manitowoc Cranes, LLC’s (“Manitowoc”) alleged trade secrets do not qualify for trade secret protection.  Additionally, Sany asserted that many of Manitowoc’s alleged trade secrets were not secrets.  Lastly, Sany argued that Manitowoc failed to provide evidence that Sany misappropriated the alleged trade secrets.

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ALJ Shaw Sets Target Date And Procedural Schedule In Certain Non-Volatile Memory Devices (337-TA-909)

By Eric Schweibenz
|
Mar
13
On March 5, 2014, ALJ David P. Shaw issued Order Nos. 6 and 7 in Certain Non-Volatile Memory Devices And Products Containing Same (Inv. No. 337-TA-909).

By way of background, this investigation is based on a December 27, 2013 complaint filed by Macronix International Co., Ltd of China and Macronix America, Inc. of Milpitas, California alleging violation of Section 337 in the importation into the U.S. and sale of certain non-volatile memory devices and products that contain the same that infringe certain claims of U.S. Patent Nos. 6,552,360; 6,100,557; and 6,002,630.  See our December 31, 2013 and January 30, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Shaw Issues Public Version Of Initial Determination In Certain Compact Fluorescent Reflector Lamps (337-TA-872)

By Eric Schweibenz
|
Mar
14
Further to our February 3, 2014 post, on March 6, 2014, ALJ David P. Shaw issued the public version of the Initial Determination (“ID”) in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872).

By way of background, the investigation is based on a complaint filed by Andrzej Bobel and Neptun Light, Inc. (collectively, “Neptun”) alleging violation of Section 337 in the importation into the U.S. and sale of certain compact fluorescent reflector lamps (“reflector CFLs”) and products and components containing same that infringe claims 1, 2, 10, and 11 of U.S. Patent No. 7,053,540 (the ‘540 patent).  See our January 30, 2013 and March 1, 2013 posts for more details on Neptun’s complaint and the Notice of Investigation, respectively.  In Order No. 20, ALJ Shaw terminated the investigation as to Respondent Technical Consumer Products, Inc. based on a settlement agreement.  Accordingly, Maxlite, Inc. (“Maxlite”); Satco Prodcust, Inc. (“Satco”); and Litetronics International, Inc. (“Litetronics”) (collectively, “Respondents”) remained as respondents to the investigation.

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ALJ Shaw Sets 15-Month Target Date And Procedural Schedule In Certain Standard Cell Libraries (337-TA-906)

By Eric Schweibenz
|
Mar
18
On March 12, 2014, ALJ David P. Shaw issued Order Nos. 8 and 9 in Certain Standard Cell Libraries, Products Containing Or Made Using The Same, Integrated Circuits Made Using The Same, And Products Containing Such Integrated Circuits (Inv. No. 337-TA-906).

By way of background, this investigation is based on a December 23, 2013 complaint filed by Tela Innovations, Inc. against Taiwan Semiconductor Manufacturing Company, Ltd. and TSMC North America alleging violations of Section 337 in the importation into the U.S. and sale of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits that infringe U.S. Patent No. 8,490,043.  See our December 31, 2013 and January 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Shaw Grants-in-Part Motions Seeking to Quash or Limit Subpoenas in Certain Standards Cell Libraries (Inv. No. 337-TA-906)

By Eric Schweibenz
|
Mar
25
On March 19, 2014, ALJ David P. Shaw issued Order No. 11 in Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated Circuits (Inv. No. 337-TA-906).

By way of background, this investigation is based on a December 23, 2013 complaint filed by Tela Innovations, Inc. (“Tela”) alleging violations of Section 337 by Taiwan Semiconductor Manufacturing Company, Ltd. and TSMC North America in the importation into the U.S. and sale of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits that infringe U.S. Patent No. 8,490,043.  See our December 31, 2013 and January 24, 2014 posts for more details on the complaint and notice of investigation, respectively. 

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ALJ Shaw Denies Motion To Compel In Certain Point-To-Point Network Communication Devices (337-TA-892)

By Eric Schweibenz
|
Mar
26
On March 24, 2014, ALJ David P. Shaw issued Order No. 25 in Certain Point-to-Point Network Communication Devices and Products Containing the Same (Inv. No. 337-TA-892).  In the Order, ALJ Shaw denied Complainant Straight Path IP Group, Inc.’s (“Straight Path”) motion to compel certain discovery from Respondents Sony Corp., Sony Corp. of America, Sony Electronics Inc., Sony Mobile Communications AB, Sony Mobile Communications (USA) Inc., Sony Computer Entertainment, Inc., and Sony Computer Entertainment America LLC (collectively, “Sony”).

According to the Order, Straight Path sought to compel production of discovery “relating to the video, voice, and text chat functionality on the accused Sony PlayStation products at issue in this Investigation.”  Straight Path argued that this subject matter was within the scope of the investigation and that Sony had impermissibly refused to produce discovery on it.

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ALJ Shaw Rules On Motion To Strike In Certain Point-To-Point Network Communication Devices (337-TA-892)

By Eric Schweibenz
|
Apr
22
On April 15, 2014, ALJ David P. Shaw issued Order No. 29 in Certain Point-to-Point Network Communication Devices and Products Containing the Same (Inv. No. 337-TA-892).  In the Order, ALJ Shaw granted-in-part and denied-in-part Respondents AmTRAN Logistics, Inc., AmTRAN Technology Co., Ltd., LG Electronics Inc., LG Electronics U.S.A., Inc., LG Electronics MobileComm U.S.A., Inc., Panasonic Corp., Panasonic Corp. of North America, Sony Corp., Sony Corp. of America, Sony Electronics Inc., Sony Mobile Communications AB, Sony Mobile Communications (USA) Inc., Sony Computer Entertainment, Inc., Sony Computer Entertainment America LLC, Toshiba Corp., Toshiba America Inc., Toshiba America Information Systems, Inc., and Vizio, Inc.’s (collectively, “Respondents”) motion to strike portions of Complainant Straight Path IP Group, Inc.’s (“Straight Path”) domestic industry contentions, as well as portions of the expert report of Straight Path’s expert Dr. Stuart Stubblebine.

According to the Order, Respondents sought to strike four categories of information:  (1) analysis and opinions relating to the VoiceLine terminal adapter product; (2) analysis regarding alleged infringement of the “caller process,” “callee process,” “associating,” and “querying” limitations under the doctrine of equivalents; (3) allegedly new infringement theories in Dr. Stubblebine’s report relating to Netflix and YouTube applications; and (4) citations to previously undisclosed Netflix deposition testimony.  Straight Path opposed Respondents’ motion.  The Commission Investigative Staff did not file a response to the motion.

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ALJ Shaw Grants Motion To Terminate Investigation In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Apr
28
On April 22, 2014, ALJ David P. Shaw issued Order No. 35 in Certain Multiple Mode Outdoor Grills and Components Thereof (Inv. No. 337-TA-895). 

According to the Order, ALJ Shaw granted Complainants A&J Manufacturing, LLC and A&J Manufacturing, Inc. and Respondents Premier Brands, LLC and Wuxi Joyray International Corporation’s (collectively, the “Respondents”) joint motion to terminate the investigation as to the Respondents based on a consent order stipulation, proposed consent order, and confidential settlement agreement and mutual release and patent license agreement.

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ALJ Shaw Rules On Motion To Compel In Certain Standards Cell Libraries (337-TA-906)

By Eric Schweibenz
|
Apr
30
On April 21, 2014, ALJ David P. Shaw issued Order No. 15, in Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated Circuits (Inv. No. 337-TA-906).

According to the Order, Complainant Tela Innovations, Inc. (“Tela”) filed a motion to compel discovery from Respondents Taiwan Semiconductor Manufacturing Company, Ltd. and TSMC North America (collectively, “TSMC”).  Specifically, Tela sought an order compelling supplemental responses to certain interrogatories and requests for production.  Tela argued that TSMC was improperly limiting their discovery responses to only standard cell libraries, despite the Notice of Investigation stating that the scope of the investigation extends to “standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits.”

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ALJ Shaw Rules On Motions For Summary Determination In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
May
06
On April 29, 2014, ALJ David P. Shaw issued the public version of Order Nos. 33 and 34 (both dated April 17, 2014) granting-in-part and denying, respectively, motions for summary determination of non-infringement in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

By way of background, this investigation is based on a complaint filed by A&J Manufacturing, LLC and A&J Manufacturing, Inc. (collectively, “A&J”) alleging violation of Section 337 by over 20 proposed respondents in the importation and sale of certain multiple mode outdoor grills and parts thereof that infringe one or more claims of U.S. Patent Nos. 8,381,712, D660,646 and D662,773.  See our August 22, 2013 and September 23, 2013 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Shaw Terminates Investigation In Its Entirety In Certain Point-To-Point Network Communication Devices (337-TA-892)

By Eric Schweibenz
|
May
15
On May 12, 2014, ALJ David P. Shaw issued Order No. 37 in Certain Point-to-Point Network Communication Devices and Products Containing the Same (Inv. No. 337-TA-892).

In the Order, ALJ Shaw granted a motion filed by Complainant Straight Path IP Group, Inc. (“Straight Path”) to terminate the investigation in its entirety based on Straight Path’s withdrawal of the complaint.  According to the Order, the remaining Respondents Toshiba Corporation; Toshiba America Inc.; Toshiba America Information Systems, Inc.; Vizio, Inc.; LG Electronics Inc.; LG Electronics U.S.A., Inc.; and LG Electronics MobileComm U.S.A., Inc. did not oppose the motion.

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ALJ Shaw Denies Motion For Summary Determination In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
May
29
On May 27, 2014, ALJ David P. Shaw issued Order No. 40 denying a motion for summary determination of invalidity in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

By way of background, this investigation is based on a complaint filed by A&J Manufacturing, LLC and A&J Manufacturing, Inc. (collectively, “A&J”) alleging violation of Section 337 by over 20 proposed respondents in the importation and sale of certain multiple mode outdoor grills and parts thereof that infringe one or more claims of U.S. Patent Nos. 8,381,712, D660,646 and D662,773.  See our August 22, 2013 and September 23, 2013 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Shaw Terminates Investigation As To GHP Group In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Aug
11
On July 24, 2014, ALJ David P. Shaw issued Order No. 53 in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

By way of background, this investigation is based on a complaint filed by A&J Manufacturing, LLC and A&J Manufacturing, Inc. (collectively, "A&J") alleging violation of Section 337 by over 20 proposed respondents in the importation and sale of certain multiple mode outdoor grills and parts thereof that infringe one or more claims of U.S. Patent Nos. 8,381,712, D660,646 and D662,773. See our August 22, 2013 and September 23, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Shaw Rules On Motion to Compel In Certain Standard Cell Libraries (337-TA-906)

By Eric Schweibenz
|
Aug
12
On August 7, 2014, ALJ David P. Shaw issued Order No. 28 in Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated Circuits (Inv. No. 337-TA-906).

By way of background, this investigation is based on a December 23, 2013 complaint filed by Tela Innovations, Inc. ("Tela") alleging violations of Section 337 by Taiwan Semiconductor Manufacturing Company, Ltd. and TSMC North America (collectively, "TSMC") in the importation into the U.S. and sale of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits that infringe U.S. Patent No. 8,490,043.  See our December 31, 2013 and January 24, 2014 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Shaw Issues Public Version Of Recommended Determination In Certain Digital Media Devices (337-TA-882)

By Eric Schweibenz
|
Aug
14
On August 7, 2014, ALJ David P. Shaw issued the public version of the recommended determination ("RD") (dated July 16, 2014) in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).

By way of background, this investigation was instituted on June 12, 2013 and is based on a May 13, 2013 complaint filed by Black Hills Media, LLC ("BHM") alleging violation of Section 337 in the importation into the U.S. and sale of certain digital media devices that infringe one or more claims of U.S. Patent Nos. 8,028,323; 8,214,873 (the '873 patent); 8,230,099; 8,045,952 (the '952 patent); 8,050,652 (the '652 patent) and 6,618,593 (the '593 patent). See our May 16, 2013 and June 20, 2013 posts for more details on the complaint and the notice of investigation, respectively.
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ALJ Shaw Terminates Investigation As To Certain Patents In Certain Toner Cartridges (337-TA-918)

By Eric Schweibenz
|
Aug
21
On August 14, 2014, ALJ David P. Shaw issued Order No. 11 in Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-918).

By way of background, this investigation is based on a May 7, 2014 complaint filed by Canon Inc.; Canon U.S.A., Inc.; and Canon Virginia, Inc. (collectively, "Canon") alleging violation of Section 337 in the importation into the U.S. and sale of certain toner cartridges and components thereof, namely photosensitive drum units, that infringe one or more claims of U.S. Patent Nos. 8,280,278 (the '278 patent); 8,630,564 (the '564 patent); 8,682,215 (the '215 patent); 8,676,090 (the '090 patent); 8,369,744 (the '744 patent); 8,565,640 (the '640 patent); 8,676,085 (the '085 patent); 8,135,304 (the '304 patent); and 8,688,008 (the '008 patent). See our May 8, 2014 and June 11, 2014 posts for more details on the complaint and the notice of investigation, respectively.
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