Initial Determinations

ALJ Rogers issues initial determination in certain silicon microphones 337-TA-629

By Eric Schweibenz
|
Feb
19
On February 10, 2009, Administrative Law Judge Roger K. Rogers, Jr. issued the public version of his January 12, 2009 Initial Determination in the matter of Certain Silicon Microphone Packages and Products Containing the Same (Inv. No. 337-TA-629).  Please note that Oblon Spivak represents respondent MEMS Technology Berhad (“MemsTech”) in this matter. 

In the ID, ALJ Rogers determined that MemsTech violated section 337 based on the importation, sale for importation, and sale after importation of certain silicon microphone packages by literal infringement of certain claims of Complainant Knowles Electronics, LLC’s (“Knowles”) U.S. Patent Nos. 6,781,231 and 7,242,089.

Share

Read More

ALJ Essex issues initial determination in certain refrigerators 337-TA-632

By Eric Schweibenz
|
Mar
02
On February 26, 2009, ALJ Theodore R. Essex issued his initial determination in the matter of Certain Refrigerators and Components Thereof (Inv. No. 337-TA-632).  The initial determination was issued as a confidential document and a public version is not yet available.

However, according to published reports, LG Electronics announced on Friday that the initial determination (ID) was in its favor and ALJ Essex ruled that LG refrigerators are not covered by Whirlpool’s patent (U.S. Patent No. 6,082,130) for ice storage bins located in refrigerator doors.

Share

Read More

ALJ Essex Issues Initial Determination in Certain Computer Products 337-TA-628

By Eric Schweibenz
|
Mar
18
On March 16, 2009, ALJ Theodore R. Essex issued a notice regarding his Initial Determination in the matter of Certain Computer Products, Computer Components and Products Containing Same (Inv. No. 337-TA-628). 

According to the notice, ALJ Essex held that no violation of section 337 has occurred in the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain computer products, computer components, or products containing same by reason of infringement of U.S. Patent Nos. 5,008,829, 5,249,741, and 5,371,852.  The notice further indicates that the patents-in-suit are valid and that Complainant International Business Machines (IBM) satisfies the domestic industry requirement of section 337 for each of the patents-in-suit.

Share

Read More

ALJ Essex Issues Initial Determination in Certain Refrigerators 337-TA-632

By Eric Schweibenz
|
Apr
10
As indicated in our March 2 post, on February 26, 2009, ALJ Theodore R. Essex issued his initial determination in the matter of Certain Refrigerators and Components Thereof (Inv. No. 337-TA-632).  On April 6, ALJ Essex issued the public version of his Initial Determination.

In the ID, ALJ Essex determined that Respondents LG Electronics Corp., Inc., LG Electronics, USA, Inc., and LG Electronics Monterrey, Mexico S.A. de C.V. (collectively “LG”) did not violate section 337 through their admitted importation, sale for importation, and sale after importation of certain refrigerators because the refrigerators do not infringe Complainants Whirlpool Corp., Whirlpool Manufacturing Corp., Whirlpool Patent Corp., and Maytag Corp.’s (collectively “Whirlpool’s”) U.S. Patent No. 6,082,130.

Share

Read More

ALJ Bullock Issues Initial Determination in Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players (337-TA-619)

By Eric Schweibenz
|
Apr
14
On April 10, 2009, ALJ Charles E. Bullock issued a Notice regarding his Initial Determination in Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same (Inv. No. 337-TA-619). 

According to the notice, ALJ Bullock held that no violation of Section 337 had occurred in the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain flash memory controllers, drives, memory cards, and media players and products containing same, in connection with claims 17, 24, and 30 of U.S. Patent No. 6,763,424 (the ‘424 patent) and claim 8 of U.S. Patent No. 7,137,011 (the ‘011 patent).  The notice further indicated that the Complainant satisfied the domestic industry requirement for both the ‘424 and ‘011 patents.

Share

Read More

ALJ Gildea Rules On PPC’s Motion for Summary Determination in Certain Coaxial Cable Connectors (337-TA-650)

By Eric Schweibenz
|
Apr
21
On April 17, 2009, ALJ E. James Gildea issued the public version of Order No. 18 (dated April 6, 2009), the initial determination granting in part the motion for summary determination filed by Complainant John Mezzalingua Associates, Inc. d/b/a PPC, Inc. (“PPC”) in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same (Inv. No. 337-TA-650).

PPC moved for summary determination on importation, infringement, domestic industry, and for a general exclusion order.  With respect to infringement, PPC moved for summary determination that products of Respondents Fu Ching Technical Industry Co. Ltd.  and Gem Electronics, Inc. (“Respondents”) infringed certain claims of the patent-in-suit “which is valid and enforceable.”  Respondents opposed and raised a number of theories regarding invalidity and non-infringement, but did not dispute PPC’s assertions relating to the economic prong of the domestic industry requirement and importation of the accused products.  The Commission Investigative Staff filed a response in support of a finding of summary determination for importation and economic prong, but argued there were genuine issues of material fact and that PPC had failed to meet its burden which would preclude summary determination on the issues of infringement and technical prong.

Share

Read More

ALJ Essex Issues Initial Determination in Certain Computer Products (337-TA-628)

By Eric Schweibenz
|
Apr
24
As indicated in our March 18 post, on March 16, 2009, ALJ Theodore R. Essex issued his initial determination (“ID”) in the matter of Certain Computer Products, Computer Components and Products Containing Same (Inv. No. 337-TA-628).  On April 14, ALJ Essex issued the public version of his 172-page ID.

In the ID, ALJ Essex held that no violation of section 337 has occurred by respondents ASUSTeK Computer, Inc. and ASUS Computer International (“Respondents”) because the accused products do not infringe U.S. Patent Nos. 5,008,829, 5,249,741, and 5,371,852.  ALJ Essex further determined that the patents-in-suit are valid and that Complainant International Business Machines (“IBM”) satisfied the domestic industry requirement of section 337 for each of the patents-in-suit.

Share

Read More

ALJ Luckern Rules That Professor Rothschild’s Licensing Activities Satisfy The Domestic Industry Requirement In Certain Short-Wavelength Light Emitting Diodes (337-TA-640)

By Eric Schweibenz
|
Jun
11
On June 10, 2009, Chief ALJ Paul J. Luckern issued the public version of his May 8, 2009 Initial Determination (Order No. 72) in Certain Short-Wavelength Light Emitting Diodes, Laser Diodes and Products Containing Same (Inv. No. 337-TA-640), granting Professor Gertrude Neumark Rothschild’s motion for summary determination that she satisfied the domestic industry requirement.  One day later, on June 11, the Commission issued a Notice that it would review the ID – see our June 11 post for details.

On April 13, Professor Rothschild moved for summary determination that her substantial investment in exploiting, licensing, and enforcing the asserted patent (U.S. Patent No. 5,252,499 (the ‘499 patent)) satisfied the domestic industry requirement.  Respondents Toshiba Corp. and Panasonic Corp. opposed (note that on May 19, 2009, ALJ Luckern issued an order granting Rothschild’s motion to consolidate Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (Inv. No. 337-TA-674) with the 640 investigation – see our May 21 post).  The Commission Investigative Staff also opposed the motion.

Share

Read More

ALJ Luckern Issues Initial Determination in Certain Liquid Crystal Display Modules (337-TA-634)

By Eric Schweibenz
|
Jun
16
On June 12, 2009, Chief ALJ Paul J. Luckern issued a notice regarding his Initial Determination in Certain Liquid Crystal Display Modules, Products Containing Same, and Methods for Using the Same (Inv. No. 337-TA-634).

According to the notice, ALJ Luckern held that there is a violation of section 337 in this investigation by respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Semiconductor, Inc.  The notice further indicates that “[s]hould the Commission find a violation, the administrative law judge recommends the issuance of a limited exclusion order barring entry into the United States of infringing liquid crystal display modules and products containing respondents’ infringing liquid crystal display modules, including respondents’ downstream LCD televisions, LCD computer monitors and LCD professional displays as well as the issuance of a cease and desist order.”

Share

Read More

ALJ Bullock Issues Initial Determination in Certain Probe Card Assemblies (337-TA-621)

By Eric Schweibenz
|
Jun
29
On June 29, 2009, ALJ Charles E. Bullock issued a notice regarding his Final Initial Determination and Recommended Determination on Remedy and Bond in Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-621). 

According to the notice, ALJ Bullock held that there is no violation of section 337 in this investigation by respondents Phicom Corp., Phiam Corp., Micronics Japan Co., Ltd., and MJC Electronics Corp. 

Share

Read More

ALJ Essex Issues Initial Determination Terminating Investigation In Certain Active Comfort Footwear (337-TA-660)

By Eric Schweibenz
|
Jul
14
On July 13, 2009, ALJ E. James Gildea issued the public version of Order No. 12 in Certain Active Comfort Footwear (337-TA-660).  In the Order, ALJ Gildea granted Complainants Masai Marketing & Trading AC and Masai USA Corp.’s (“Masai”) (1) motion to terminate the Investigation in its entirety by reason of confidential settlement agreement with Respondent RYN Korea Co. Ltd. (“RYN”), and (2) motion to withdrawal its Complaint against the remaining respondents The Tannery (“Tannery”) and A Better Way to Health (“Better Way”).

According to the Order, while Complainants only settled with RYN and not the other named respondents (Tannery and Better Way), Masai requested that the investigation be terminated with respect to all respondents because “RYN is the only producer of the accused products in this Investigation.”  The Commission Investigative Staff supported the termination motion and did not oppose the withdrawal motion.

Share

Read More

ALJ Rogers Issues Initial Determination Terminating Investigation In Certain Lighting Control Devices (337-TA-676)

By Eric Schweibenz
|
Jul
15
On July 14, 2009, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 8 in Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (337-TA-676).  In the Order, ALJ Rogers granted complainant Lutron Electronics Co., Inc. (“Lutron”) and respondent Universal Smart Electric Corp.’s (“Universal”) joint motion to terminate the investigation based on a Consent Order.

In view of the Commission Investigative Staff’s support of the joint motion, an agreement between Lutron and Universal, and the fact that Universal was the sole respondent in this investigation, ALJ Rogers determined that “termination of this investigation is in the public interest and does 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.”

Share

Read More

ALJ Bullock Issues Public Version of Initial Determination in Certain Probe Card Assemblies (337-TA-621) Finding No Violation of Section 337

By Eric Schweibenz
|
Jul
23
Further to our June 29, 2009 post, on July 20, ALJ Charles E. Bullock issued the public version of his initial determination (“ID”) in the matter of Certain Probe Card Assemblies, Components Thereof and Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-621).

In the 205-page ID, ALJ Bullock held that there was no violation of Section 337 by respondents Phicom Corp. and Phiam Corp. (collectively, “Phicom”), and Micronics Japan Co., Ltd., and MJC Electronics Corp. (collectively, “Micronics”) for importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain probe card assemblies and components thereof, certain probe card assemblies and components thereof, and certain tested DRAM and NAND flash memory devices and products containing same, in connection with claims 1, 3, 4, 18, 19, 23, 24, 29, 32, 33, 36, 37, and 41 of U.S. Patent No. 6,615,485 (the ‘485 patent); claims 1-3, 12, 24, and 25 of U.S. Patent No. 6,509,751 (the ‘751 patent); claim 19 of U.S. Patent No. 7,225,538 (the ‘538 patent); and claims 21-23, 27-37, and 33-35 of U.S. Patent No. 5,994,152 (the ‘152 patent).  Further, the ALJ determined that FormFactor, Inc. had satisfied the domestic industry requirement with respect to the ‘751 patent, but that it had not satisfied the domestic industry requirement for the ‘485, ‘538, and ‘152 patents.

Share

Read More

ALJ Gildea Issues Initial Determination Finding Violation Of Section 337 In Certain Laser Imageable Lithographic Printing Plates (337-TA-636)

By Eric Schweibenz
|
Jul
28
On July 24, 2009, ALJ E. James Gildea issued a notice regarding his Final Initial Determination and Recommended Determination on Remedy and Bond in Certain Laser Imageable Lithographic Printing Plates (Inv. No. 337-TA-636). 

The Complainant in the 636 investigation is Presstek, Inc., and Respondents are VIM Technologies, Inc., Hanita Coatings RCA, Ltd., AteCe Canada, Guaranteed Service & Supplies, Inc., Recognition Systems, Inc., and Spicers Paper, Inc.  According to the notice, ALJ Gildea held that a violation of section 337 occurred in the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain laser imageable lithographic printing plates by reason of infringement of one or more of claims 1, 10, and 27 of U.S. Patent No. 5,339,737, and one or more of claims 20, 21, and 23 of U.S. Patent No. 5,487,338.

Share

Read More

ALJ Luckern Issues Initial Determination Granting Complainants’ Summary Determination Motion That A Domestic Industry Exists Based On Licensing Activities In Certain 3G Mobile Handsets (337-TA-613)

By Eric Schweibenz
|
Jul
29
On July 27, 2009, Chief ALJ Paul J. Luckern issued the heavily redacted public version of Order No. 42 (dated March 10, 2009) granting Complainants InterDigital Communications, LLC and InterDigital Technology Corp.’s (“InterDigital”) motion for summary determination that InterDigital’s U.S. licensing activities satisfy the domestic industry requirements of 19 U.S.C. § 1337(a)(3)(C) in Certain 3G Mobile Handsets and Components Thereof(Inv. No. 337-TA-613).

Respondents Nokia Inc. and Nokia Corporation (“Nokia”) opposed InterDigital’s summary determination motion on the basis that (1) the technical prong requires the existence of an article protected by the asserted patents; (2) InterDigital failed to demonstrate a nexus between the asserted patents and its licensing program; (3) a broad licensing program cannot satisfy the nexus requirement; (4) InterDigital failed to show that the asserted patents were important to its licensing program; (5) genuine issues of material fact existed as to whether InterDigital’s investments are substantial as required by section 337; and (6) InterDigital’s purported investment total includes activities beyond the asserted patents, such as licensing of other technology and activities prior to the issuance of the asserted patents.  According to the Order, the Commission Investigative Staff did not oppose InterDigital’s summary determination motion in view of ALJ Luckern’s Order No. 20 in Certain 3G Wideband Code Division Multiple Access (WCDMA) Handsets (Inv. No. 337-TA-601), which was adopted by the Commission, granting a motion for summary determination that a domestic industry can be established based solely on licensing activities. 

Share

Read More

ALJ Luckern Issues Public Version Of Initial Determination In Certain Liquid Crystal Display Modules (337-TA-634) Finding Violation Of Section 337

By Eric Schweibenz
|
Aug
07
Further to our June 16 post, on August 5, 2009, Chief ALJ Paul J. Luckern issued the public version of his Final Initial and Recommended Determinations (“ID”) in Certain Liquid Crystal Display Modules, Products Containing Same, and Methods For Using The Same (Inv. No. 337-TA-634).  The Complainant in this investigation is Sharp Corporation (“Sharp”) and the Respondents are Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Semiconductor, Inc. (collectively, “Samsung”).

In the 209-page ID, ALJ Luckern held that there was a violation of Section 337 by Samsung for importation into the U.S., sale for importation, and sale within the U.S. after importation of infringing liquid crystal display devices and products containing Samsung’s devices, in connection with certain claims of U.S. Patent No. 7,304,703 (the ‘703 patent); U.S. Patent No. 6,879,364 (the ‘364 patent); U.S. Patent No. 6,952,192 (the ‘192 patent); and U.S. Patent No. 7,304,626 (the ‘626 patent).  Further, ALJ Luckern determined that Sharp met the domestic industry (technical prong) requirement for each of the patents-in-suit because Sharp’s domestic industry articles practiced at least one asserted claim for each patent.

Share

Read More

ALJ Charneski Issues Initial Determination Finding Violation Of Section 337 In Certain Variable Speed Wind Turbines (337-TA-641)

By Eric Schweibenz
|
Aug
10
On August 7, 2009, ALJ Carl C. Charneski issued a notice regarding his Initial Determination in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).

The Complainant in this investigation is General Electric Co. and the Respondents are Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries America, Inc., and Mitsubishi Power System, Inc.  According to the notice, ALJ Charneski determined that a violation of Section 337 occurred with respect to Mitsubishi’s turbines.  In particular, ALJ Charneski held that Mitsubishi’s turbines infringe claim 121 of the asserted ‘039 patent, and claim 15 of the asserted ‘985 patent.  Additionally, while ALJ Charneski determined that Mitsubishi’s turbines infringed claims 5, 7, and 8 of the asserted ‘221 patent, he also determined that GE did not practice any claim of the asserted ‘221 patent for purposes of the domestic industry (technical prong) requirement.

Share

Read More

ALJ Gildea Issues Public Version of Initial Determination in Certain Laser Imageable Lithographic Printing Plates (337-TA-636) Finding Violation of Section 337

By Eric Schweibenz
|
Aug
13
Further to our July 28 post, on August 7, 2009, ALJ E. James Gildea issued the corrected public version of his Initial and Recommended Determinations (“ID”) in Certain Laser Imageable Lithographic Printing Plates (Inv. No. 337-TA-636).  In this investigation, the Complainant is Presstek, Inc. (“Presstek”) and the Respondents are VIM Technologies, Ltd. (“VIM”), Hanita Coatings RCA, Ltd. (“Hanita”), Guaranteed Services & Supplies, Inc. (“Guaranteed”), AteCe Canada (“AteCe”), Spicers Paper, Inc. (“Spicers”), and Recognition Systems, Inc. (“Recognition”) (collectively, “Respondents”).

The patents-in-suit are U.S. Patent Nos. 5,339,737 (the “‘737 patent”) and 4,487,338 (the “‘338 patent”), which are both generally directed to lithographic printing plates suitable for imaging with low-to-moderate power levels of near-infrared laser radiation.  In the 105-page ID, ALJ Gildea held that a violation of Section 337 occurred in the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain laser imageable lithographic printing plates (the “accused products”) by reason of infringement of one or more of Claims 1, 10, and 27 of the ‘737 patent, and one or more of Claims 20, 21, and 23 of the ‘338 patent.  Further, ALJ Gildea found that a domestic industry exists with respect to the ‘737 and ‘338 patents.

Share

Read More

ALJ Luckern Issues Initial Determination Finding No Violation Of Section 337 In Certain 3G Mobile Handsets (337-TA-613)

By Eric Schweibenz
|
Aug
17
On August 14, 2009, Chief ALJ Paul J. Luckern issued a notice regarding his Final Initial and Recommended Determinations (“ID”) in Certain 3G Mobile Handsets and Components (Inv. No. 337-TA-613).

The Complainants in this investigation are InterDigital Communications, LLC and InterDigital Technology Corp. and the Respondents are Nokia Inc. and Nokia Corporation.  According to the notice, ALJ Luckern held that no violation of Section 337 had occurred in connection with the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain 3G mobile handsets and components.  Specifically, according to the notice, ALJ Luckern determined that the asserted claims of the ‘004, ‘966, ‘847, and ‘579 patents are not infringed.  He also found that the claims were not invalid and that a domestic industry exists with respect to the asserted patents.

Share

Read More

www.xxx-clips-online.com