Initial Determinations

ALJ Bullock Issues Initial Determination In Certain Computer Forensic Devices (337-TA-799)

By Eric Schweibenz
|
Oct
31
On October 26, 2012, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Computer Forensic Devices and Products Containing The Same (Inv. No. 337-TA-799).

By way of background, the Complainant in this matter is MyKey Technology Inc. and the Respondents are CRU Acquisitions Group LLC d/b/a CRU Data-Port LLC, Guidance Software, Inc., Guidance Tableau LLC, and Digital Intelligence, Inc.  See our August 26, 2011 post for more information about this investigation.

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ALJ Essex Issues Public Version Of Initial Determination In Certain Devices For Improving Uniformity Used In A Backlight Module (337-TA-805)

By Eric Schweibenz
|
Nov
05
Further to our October 23, 2012 post, on November 1, 2012, ALJ Theodore R. Essex issued the public version (dated October 22, 2012) of the Initial Determination (“ID”) finding no Section 337 violation in Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing Same (337-TA-805).

By way of background, the Complainants in this matter are Industrial Technology Research Institute and ITRI International, Inc. (collectively, “ITRI”) and the Respondents are LG Corporation, LG Electronics, Inc., and LG Electronics U.S.A., Inc. (collectively, “LG”).  ITRI alleged that LG violated Section 337 by the importation and/or sale of LCD televisions and monitors that infringed claims 6, 9 and 10 of U.S. Patent No. 6,883,932.  The subject matter of the ‘932 patent is an apparatus for improving uniformity used in backlight modules using light sources, a reflective housing, and at least one structured arc sheet.

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ALJ Shaw Issues Notice Of Initial Determination In Certain Microprocessors (337-TA-781)

By Eric Schweibenz
|
Dec
18
On December 14, 2012, ALJ David P. Shaw issued a notice regarding the Initial Determination (“ID”) in Certain Microprocessors, Components Thereof, and Products Containing Same(Inv. No. 337-TA-781).

By way of background, the Complainant in this investigation is X2Y Attenuators, LLC and the Respondents are Intel Corporation, Componentes Intel de Costa Rica S.A., Intel Malaysia Sdn. Bhd, Intel Products (Chengdu) Ltd., Intel Products (Shanghai) Ltd., Apple Inc., and Hewlett-Packard Company (collectively, the “Respondents”).  See our June 30, 2011 post for more details on the investigation.

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ALJ Bullock Issues Public Version Of Initial Determination Finding No Violation of Section 337 In Certain Static Random Access Memories (337-TA-792)

By Eric Schweibenz
|
Dec
21
On December 18, 2012, Chief ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) (dated October 25, 2012) finding no violation of Section 337 in Certain Static Random Access Memories and Products Containing Same (Inv. No. 337-TA-792).

By way of background, the Complainant in this matter is Cypress Semiconductor Corporation (“Cypress”) and the remaining Respondents are GSI Technology, Inc. (“GSI”), Cisco Systems, Inc. (“Cisco”); and Avnet, Inc. (“Avnet”) (collectively, the “Respondents”).  See our July 26, 2011 post for more information about this investigation.

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ALJ Pender Issues Public Version Of Initial Determination In Certain Electronic Digital Media Devices (337-TA-796)

By Eric Schweibenz
|
Jan
22
On December 28, 2012, ALJ Thomas B. Pender issued the public version (dated October 24, 2012) of the Initial Determination (“ID”) finding a violation of Section 337 in Certain Electronic Digital Media Devices and Components Thereof (Inv. No. 337-TA-796).  Due to its size, we have split the ID in four parts here: part 1, part 2, part 3, and part 4.

By way of background, the investigation is based on a complaint filed by Apple, Inc. (“Apple”).  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 Shaw Issues Public Version Of Initial Determination In Certain Microprocessors (337-TA-781)

By Eric Schweibenz
|
Jan
25
Further to our December 18, 2012 post, on January 16, 2013, ALJ David P. Shaw issued the public version of the Initial Determination (“ID”) dated December 14, 2012 in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781).  Due to its size, we have split the ID in seven parts here: part 1, part 2, part 3, part 4, part 5, part 6, and part 7.

By way of background, the Complainant in this investigation is X2Y Attenuators, LLC (“X2Y”) and the Respondents are Intel Corporation, Componentes Intel de Costa Rica S.A., Intel Malaysia Sdn. Bhd, Intel Products (Chengdu) Ltd., Intel Products (Shanghai) Ltd. (collectively, “Intel”), Apple Inc. (“Apple”), and Hewlett-Packard Company (“HP”) (collectively, the “Respondents”).  X2Y accused Intel of importing and/or selling microprocessors and components thereof, and accused Apple and HP of importing and/or selling products containing Intel’s allegedly infringing microprocessors and components.  The remaining patents-in-suit are U.S. Patent Nos. 8,023,241 (the ‘241 patent), 7,916,444 (the ‘444 patent) and 7,609,500 (the ‘500 patent) which relate to layered arrangements of conductive elements and dielectric materials incorporated into a substrate interposed between an integrated circuit chip and a printed circuit board for reducing electromagnetic interference in circuits.  In particular, the ‘241 patent relates to an arrangement for conditioning energy within electronic circuitry applications, the ’444 patent is directed to embodiments that allow the architecture to be incorporated into different electronic structures, and the ‘500 patent relates to embodiments that increase electrode shielding.

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ALJ Pender Issues Public Version of Initial Determination in Certain Kinesiotherapy Devices (337-TA-823)

By Eric Schweibenz
|
Feb
11
On February 8, 2013, ALJ Thomas B. Pender issued the public version (dated January 8, 2013) of the Initial Determination (“ID”) finding no violation of Section 337 in Certain Kinesiotherapy Devices and Components Thereof(Inv. No. 337-TA-823).

By way of background, the investigation is based on a December 2, 2011 complaint filed by Standard Innovation Corporation and Standard Innovation (US) Corp. (collectively, “Standard Innovation”) alleging violation of Section 337 in the importation into the U.S. and sale of certain kinesiotherapy devices and components thereof that infringe one or more claims of U.S. Patent Nos. 7,931,605 (the ‘605 patent) and D605,779.  See our December 6, 2011 post for more details on Standard Innovation’s complaint.

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ALJ Pender Issues Notice Regarding Initial Determination In Certain Dimmable Compact Fluorescent Lamps (337-TA-830)

By Eric Schweibenz
|
Mar
07
On February 27, 2013, ALJ Thomas B. Pender issued a notice regarding the Initial Determination (“ID”) in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same (Inv. No. 337-TA-830). 

By way of background, the International Trade Commission instituted this investigation on February 22, 2012 based on a complaint filed by Complainants Neptun Light, Inc. and Andrzej Bobel’s (collectively, “Neptun”).  See our February 23, 2012 post for more details about this investigation. 

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ALJ Gildea Issues Notice Of Initial Determination Finding Violation Of Section 337 By Nanya Technology In Certain Semiconductor Chips With DRAM Circuitry (337-TA-819)

By Eric Schweibenz
|
Apr
03
On March 26, 2013, ALJ E. James Gildea issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Semiconductor Chips with DRAM Circuitry, and Modules and Products Containing Same(Inv. No. 337-TA-819).

By way of background, the investigation is based on a complaint filed by Elpida Memory, Inc and Elpida Memory (USA) Inc. alleging violation of Section 337 by Respondents Nanya Technology Corporation and Nanya Technology Corporation U.S.A. (collectively, “Nanya”) in the importation into the U.S. and sale of certain semiconductor chips with DRAM circuitry, and modules and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,150,689 (the ‘689 patent), 6,635,918 (the ‘918 patent), 6,555,861, 7,659,571 (the ‘571 patent), 7,713,828 (the ‘828 patent), 7,495,453 (the ‘453 patent), and 7,906,809 (the ‘809 patent).  See our December 16, 2011 post for more details on the ITC’s notice of investigation for this matter. 

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ALJ Pender Issues Public Version Of Initial Determination In Certain Dimmable Compact Fluorescent Lamps (337-TA-830)

By Eric Schweibenz
|
Apr
12
On April 5, 2013, ALJ Thomas B. Pender issued the public version of the Initial Determination (“ID,” dated February 27, 2013) finding no violation of Section 337 in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same (Inv. No. 337-TA-830).

By way of background, the International Trade Commission instituted this investigation on February 22, 2012 based on a complaint filed by Complainants Neptun Light, Inc. and Andrzej Bobel’s (collectively, “Neptun”).  Neptun alleged that the named Respondents violated Section 337 by importing into the United States, selling for importation, and selling within the United States after importation certain dimmable compact fluorescent lamps (“CFLs”) that infringe certain claims of U.S. Patent Nos. 5,434,480 (the ‘480 patent) and 8,035,318 (the ‘318 patent).  Specifically, Neptun alleged that U Lighting America Inc.’s (“ULA”) CFLs infringe claim 9 of the ‘480 patent and Technical Consumer Products, Inc.; Shanghai Qiangling Electronics Co. Ltd.; and Zhejiang Qiang Ling Electronic Co. Ltd.’s (collectively, “TCP”) CFLs infringe claims 1 and 12 of the ‘318 patent.   See our February 23, 2012 post for more details about this investigation.

The ‘480 Patent


According to the ID, the parties disputed the meaning of the phrase “a resonant boosting circuit integrates into the power line rectifier.” ALJ Pender determined that the phrase should be given its plain and ordinary meaning.  ALJ Pender based his determination on the intrinsic record and the uncontroverted testimony of Neptun’s expert witness.  ALJ Pender noted that the majority of ULA’s claim construction arguments were purely attorney arguments without evidentiary support.


As to infringement, ALJ Pender held that ULA’s CFLs do not infringe claim 9 of the ‘480 patent.  ALJ Pender rejected ULA’s arguments because ULA failed to present any evidence in support of its contentions.  Further, ALJ Pender pointed to testimony given by Neptun’s expert witness that refuted all of ULA’s non-infringement arguments.

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ALJ Rogers Issues Notice Of Initial Determination On Violation Of Section 337 In Certain Digital Models, Digital Data, And Treatment Plans For Use, In Making Incremental Dental Positioning Adjustment Appliances Made Therefrom (337-TA-833)

By Eric Schweibenz
|
May
08
On May 6, 2013, ALJ Robert K. Rogers, Jr. issued a notice regarding his Initial Determination ("ID") on violation of Section 337 and Recommended Determination ("RD") on remedy and bond in Certain Digital Models, Digital Data, and Treatment Plans for Use, in Making Incremental Dental Positioning Adjustment Appliances Made Therefrom, and Methods of Making the Same(Inv. No. 337-TA-833)

According to the notice, ALJ Rogers determined that (i) a domestic industry exists that exploits U.S. Patent Nos. 6,217,325 ("the '325 patent"), 6,722,880 ("the '880 patent"), 8,070,487 ("the '487 patent"), 6,471,511 ("the '511 patent"), 6,705,863 ("the '863 patent") and 7,134,874 ("the '874 patent"); (ii) a domestic industry does not exist that exploits U.S. Patent No. 6,626,666 ("the '666 patent"); (iii) claims 1-3, 11, 13, 14, 21, 30-35, 38 and 39 of the '325 patent are infringed and not invalid; (iv) claims 1 and 3 of the '880 patent are infringed and not invalid; (v) claims 1, 3 and 5 of the '487 patent are infringed and not invalid, and claims 7-9 of the '487 patent are not infringed and not invalid; (vi) claim 1 of the '511 patent is infringed and not invalid; (vii) claims 1, 3, 7 and 9 of the '666 patent are infringed and not invalid; (viii) claims 1 and 4-8 of the '863 patent are infringed and not invalid; (ix) claims 1,2, 38, 39, 41 and 62 of the '874 patent are infringed and not invalid; and (x) there is a violation of Section 337 as to the '325, '880, '487, '511, '863 and '874 patents.

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ALJ Shaw Issues Notice Of Initial Determination In Certain Products Containing Interactive Program Guide And Parental Control Technology (337-TA-845)

By Eric Schweibenz
|
Jun
11
On June 7, 2013, ALJ David P. Shaw issued a notice regarding the Initial Determination (“ID”) in Certain Products Containing Interactive Program Guide and Parental Control Technology (Inv. No. 337-TA-845).

By way of background, the investigation is based on a May 1, 2012 complaint filed by Rovi Corporation; Rovi Guides, Inc.; Rovi Technologies Corporation; Starsight Telecast, Inc.; United Video Properties, Inc.; and Index Systems, Inc. (collectively, “Rovi”) alleging violation of Section 337 by, inter alia, Respondents Netflix, Inc. (“Netflix”) and Roku, Inc. (“Roku”) in the importation into the U.S. and sale of certain products containing interactive program guide and parental control technology that infringe one or more claims of U.S. Patent Nos. 6,701,523; 6,898,762 (the ‘762 patent); 7,065,709 (the ‘709 patent); 7,103,906 (the ‘906 patent); 7,225,455; 7,493,643; and 8,112,776 (the ‘776 patent).  See our May 3, 2012 post for more details.

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ALJ Rogers Issues Public Version Of Initial Determination In Certain Digital Models, Digital Data, And Treatment Plans For Use, In Making Incremental Dental Positioning Adjustment Appliances Made Therefrom (337-TA-833)

By Eric Schweibenz
|
Jun
24
Further to our May 8, 2013 post, on June 14, 2013, ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID,” dated May 6, 2013) finding a violation of Section 337 in Certain Digital Models, Digital Data, and Treatment Plans for Use, in Making Incremental Dental Positioning Adjustment Appliances Made Therefrom, and Methods of Making the Same(Inv. No. 337-TA-833).  Due to its size, we have split the 815 page ID in thirteen parts here:  part 1, part 2, part 3, part 4, part 5, part 6, part 7, part 8, part 9, part 10, part 11, part 12, and part 13.

By way of background, the International Trade Commission instituted this investigation on March 20, 2012 based on a complaint filed by Complainant Align Technology, Inc. (“Align”).  In the Complaint, Align alleged that Respondents ClearCorrect Operating, LLC and ClearCorrect Pakistan (Private), Ltd. (collectively, “Respondents”) violated Section 337 in the importation into the U.S. and sale of certain digital models, digital data, or treatment plans for use in making incremental dental positioning adjustment appliances that infringe—or are made, produced, or processed by means of a process that infringes—one or more claims of U.S. Patent Nos. 6,217,325 (the ‘325 patent), 6,705,863 (the ‘863 patent), 6,626,666 (the ‘666 patent), 8,070,487 (the ‘487 patent), 6,471,511 (the ‘511 patent), 6,722,880 (the ‘880 patent), and 7,134,874 (the ‘874 patent) (collectively, the “asserted patents”).  See our March 2, 2012 post for more details on the complaint.

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ALJ Rogers Issues Notice Of Initial Determination Finding Violation Of Section 337 In Certain Rubber Resins (337-TA-849)

By Eric Schweibenz
|
Jun
28
On June 17, 2013, ALJ Robert K. Rogers, Jr. issued a notice regarding his Initial Determination (“ID”) on violation of Section 337 and Recommended Determination (“RD”) on remedy and bond in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849).

By way of background, this investigation is based on a May 21, 2012 complaint filed by SI Group, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain rubber resins made using misappropriated SI Group trade secrets.  See our June 22, 2012 post for more details on this investigation.

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ALJ Shaw Issues Notice Of Initial Determination In Certain Wireless Devices With 3G Capabilities (337-TA-800)

By Eric Schweibenz
|
Jul
02
On June 28, 2013, ALJ David P. Shaw issued a notice regarding the Initial Determination (“ID”) in Certain Wireless Devices With 3G Capabilities and Components Thereof(Inv. No. 337-TA-800).

By way of background, this investigation is based on a July 26, 2011 complaint filed on behalf of InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing (collectively, “InterDigital”) alleging violation of Section 337 by Respondents Huawei Technologies Co., Ltd., FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA),  ZTE Corp., ZTE (USA) Inc., and Nokia (collectively, the “Respondents”) in the importation into the U.S. and sale of certain wireless devices with 3G capabilities and components thereof that infringe one or more claims of U.S. Patent Nos. 7,349,540 (the ‘540 patent); 7,502,406 (the ‘406 patent); 7,536,013 (the ‘013 patent); 7,616,970 (the ‘970 patent); 7,706,332 (the ‘332 patent); 7,706,830 (the ‘830 patent); and 7,970,127 (the ‘127 patent).  See our August 29, 2011 post for more details on this investigation.

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ALJ Essex Issues Early Initial Determination Finding No Domestic Industry In Certain Products Having Laminated Packaging (337-TA-874)

By Eric Schweibenz
|
Jul
05
On July 5, 2013, ALJ Theodore R. Essex issued a notice Regarding the Initial Determination  (“ID”) on the Economic Prong of the Domestic Industry Requirement in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof(Inv. No. 337-TA-874).

By way of background, the investigation is based on a complaint and amended complaint filed by Lamina Packaging Innovations LLC (“Lamina”) alleging violation of Section 337 in the importation into the U.S. and sale of certain products having laminated packaging, laminated packaging and components thereof that infringe one or more claims of U.S. Patent Nos. 6,207,242 and 7,348,067.  See our February 21, 2013 and March 25, 2013 posts for more details on Lamina’s complaint and the ITC’s notice of investigation.

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ALJ Essex Issues Public Version Of Early Initial Determination Noting Objection To Use Of ITC Pilot Program In Certain Products Having Laminated Packaging (337-TA-874)

By Eric Schweibenz
|
Jul
15
Further to our July 5, 2013 post, on July 12, 2013, ALJ Theodore R. Essex issued the public version of the Initial Determination (“ID”) (dated July 5, 2013) on the Economic Prong of the Domestic Industry Requirement in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof(Inv. No. 337-TA-874).

By way of background, the Complainant in this investigation is Lamina Packaging Innovations LLC (“Lamina”).  In its complaint and amended complaint, Lamina alleged a violation of Section 337 in the importation into the U.S. and sale of certain products having laminated packaging, laminated packaging and components thereof that infringe one or more claims of U.S. Patent Nos. 6,207,242 and 7,348,067.  See our February 21, 2013 post for more details on Lamina’s complaint.

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ALJ Bullock Issues Notice Of Initial Determination In Certain Ink Application Devices (337-TA-832)

By Eric Schweibenz
|
Jul
19
On July 18, 2013, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination (“ID”) in Certain Ink Application Devices and Components Thereof and Methods of Using the Same(Inv. No. 337-TA-832).

By way of background, this investigation is based on a January 13, 2012 complaint filed by MT.Derm GmbH of Germany and Nouveau Cosmetique USA Inc. of Orlando, Florida alleging violation of Section 337 in the importation into the U.S. and sale of certain ink application devices and components thereof that infringe one or more claims of U.S. Patent No. 6,505,530 (the ‘530 patent).  The remaining Respondent in the investigation is T-Tech Tattoo Device Inc. (“T-Tech”).  Seeour March 2, 2012 post for more details on this investigation.

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ALJ Bullock Issues Public Version Of Initial Determination In Certain Ink Application Devices (337-TA-832)

By Eric Schweibenz
|
Aug
07
Further to our July 19, 2013 post, on July 30, 2013, Chief ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) (dated July 17, 2013) in Certain Ink Application Devices and Components Thereof and Methods of Using the Same (Inv. No. 337-TA-832).

By way of background, this investigation is based on a January 13, 2012 complaint filed by MT. Derm GmbH (“MT. Derm”) of Germany and Nouveau Cosmetique USA, Inc. (“Nouveau”) of Orlando, Florida, (collectively “Complainants”) alleging a violation of Section 337 in the importation into the U.S. and sale of certain ink application devices and components thereof that infringe one or more claims of U.S. Patent No. 6,505,530 (the ‘530 patent).  The remaining Respondent in the investigation is T-Tech Tattoo Device, Inc. (“T-Tech”) of Ontario, Canada.  See our March 2, 2012 post for more details on this investigation.

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ALJ Essex Issues Notice Of Initial Determination In Certain Computers and Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
|
Aug
08
On August 2, 2013, ALJ Theodore R. Essex issued a notice regarding the Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bonding (“ID”) in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (Inv. No. 337-TA-841). 

By way of background, this investigation is based on a March 27, 2012 complaint filed by Technology Properties Limited LLC alleging violation of Section 337 by a number of Respondents in the importation into the U.S. and sale of certain computers and computer peripheral devices, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,976,623 (the ‘623 patent), 7,162,549 (the ‘549 patent), 7,295,443 (the ‘443 patent), 7,522,424 (the ‘424 patent), 6,438,638 (the ‘638 patent), and 7,719,847 (the ‘847 patent).  See our March 29, 2012 and April 30, 2012 posts for more details on the complaint and notice of investigation, respectively.

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