Initial Determinations

ALJ Bullock Issues Initial Determination In Certain Flash Memory Chips (337-TA-664)

By Eric Schweibenz
|
Oct
25
On October 22, 2010, ALJ Charles E. Bullock issued a notice regarding the Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-664).

The Complainants in this investigation are Spansion, Inc. and Spansion LLP (collectively, “Spansion”).  The Respondents are Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung International Inc., Samsung Semiconductor, Inc., Samsung Telecommunications America, LLC (collectively, “Samsung”), Shanghai Lenovo Electronic Co. Ltd., Asustek Computer Inc., Asus Computer International Inc., Apple, Inc. (“Apple”), Transcend Information Inc., Transcend Information, Inc. (US), Transcend Information Inc. (Shanghai Factory), Kingston Technology Company, Inc., Kingston Technology (Shanghai) Co. Ltd., Kingston Technology Far East Co., Kingston Technology Far East (Malaysia), PNY Technologies, Inc., Sony Corporation, Sony Corporation of America, Sony Ericsson Mobile Communications AB NYA Vattentornet, Sony Ericsson Mobile Communications (USA), Inc. Beijing Se Putian Mobile Communications Co., Hon Hai Precision Industry Co., Ltd., Verbatim Americas LLC, Verbatim Corp., Research In Motion, Ltd., and Research In Motion Corporation (collectively, “Respondents”).

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ALJ Rogers Issues Initial Determination In Certain Silicon Microphone Packages (337-TA-695)

By Eric Schweibenz
|
Nov
22
On November 22, 2010, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination (“ID”) in Certain Silicon Microphone Packages and Products Containing the Same (337-TA-695).

The Complainant in this investigation is Knowles Electronics, LLC and the Respondent is Analog Devices, Inc.

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ALJ Charneski Issues Public Version of Initial Determination In Certain Hair Irons (337-TA-637)

By Eric Schweibenz
|
Nov
26
On November 19, 2010, ALJ Carl C. Charneski issued the public version of Order No. 14 granting Complainant Farouk System, Inc.’s (“FSI”) motion for summary determination of violation of Section 337 and recommended determination on remedy and bonding (dated March 10, 2009) in Certain Hair Irons and Packaging Thereof (Inv. No. 337-TA-637).

By way of background, on March 14, 2008, the Commission instituted the investigation naming the following respondents:  CHI Systems Singapore Pte. Ltd. of Singapore (“CHI Systems”); Princess Silk, LLC of Lake Forest, California (“Princess Silk”); Kamashi International of Hong Kong, China (“Kamashi”); Mount Rise, Ltd. of Dongguan, China (“Mount Rise”); and Dongguan Fumeikang Electrical Technology Co., Ltd. of Dongguan, China (“Dongguan Fumeikang”).  Dongguan Fumeikang and Princess Silk were terminated from the investigation via consent order on May 21, 2008 and December 4, 2008, respectively.  On January 30, 2009, ALJ Charneski granted FSI’s motion (Order No. 13) to find Mount Rise, Kamashi, and CHI Systems in default for failure to respond to the complaint and Notice of Investigation.

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ALJ Charneski Issues Initial Determination In Certain Multimedia Display And Navigation Devices And Systems (337-TA-694)

By Eric Schweibenz
|
Dec
21
On December 16, 2010, ALJ Carl C. Charneski issued a notice regarding the Initial Determination in Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-694).

By way of background, the Complainants in this investigation are Pioneer Corporation and Pioneer Electronics (USA), Inc. and the Respondents are Garmin International, Inc. and Garmin Corp.

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ALJ Gildea Issues Initial Determination In Certain Ceramic Capacitors (337-TA-692)

By Eric Schweibenz
|
Dec
22
On December 22, 2010, ALJ E. James Gildea issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Ceramic Capacitors and Products Containing Same (Inv. No. 337-TA-692).

By way of background, the Complainants in this investigation are Murata Manufacturing Co. Ltd. and Murata Electronics North America, Inc. (collectively, “Murata”).  The Respondents are Samsung Electro-Mechanics Co., Ltd. and Samsung Electro-Mechanics America, Inc. (collectively, “Samsung”).

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ALJ Rogers Issues Initial Determination In Certain MEMS Devices (337-TA-700)

By Eric Schweibenz
|
Dec
23
On December 23, 2010, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation ("ID") in Certain MEMS Devices and Products Containing the Same (Inv. No. 337-TA-700).

By way of background, the Complainant in this matter is Analog Devices, Inc.  The Respondents are Knowles Electronics LLC (“Knowles”) and Mouser Electronics, Inc.

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ALJ Rogers Issues Public Version Of Initial Determination In Certain Silicon Microphone Packages (337-TA-695)

By Eric Schweibenz
|
Jan
03
Further to our November 22, 2010 post, on December 21, 2010 ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID”) in Certain Silicon Microphone Packages and Products Containing the Same (337-TA-695).

By way of background, the Complainant in this investigation is Knowles Electronics, LLC (“Knowles”) and the Respondent is Analog Devices, Inc. (“Analog”).  The two patents at issue relate to silicone microphone packages and products containing same.  U.S. Patent No. 6,781,231 (the ‘231 patent) is directed to packaging for a microelectromechanical system (“MEMS”) microphone that “provides a shield for a MEMS microphone from an interference signal and/or environmental condition.”  U.S. Patent No. 7,242,089 (the ‘089 patent) relates to a surface mountable package for a silicone condenser microphone that “allows acoustic energy to contact a transducer” and “protects the transducer from light, electromagnetic interference, and physical damage.”  Knowles accused six Analog products of infringing the asserted patents.

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ALJ Luckern Issues Initial Determination In Certain Mobile Telephones And Wireless Communication Devices Featuring Digital Cameras (337-TA-703)

By Eric Schweibenz
|
Jan
26
On January 24, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Initial Determination (ID) in Certain Mobile Telephones And Wireless Communication Devices Featuring Digital Cameras, and Components Thereof (Inv. No. 337-TA-703).

By way of background, the Complainant in this investigation is Eastman Kodak Company (“Kodak”) and the Respondents are Research In Motion, Ltd., Research In Motion Corporation (collectively, “RIM”), and Apple Inc. (“Apple”).  The Commission instituted the investigation on February 17, 2010.

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ALJ Rogers Issues Public Version of Initial Determination in Certain MEMS Devices (337-TA-700)

By Eric Schweibenz
|
Feb
04
Further to our December 23, 2010 post, on January 24, 2011, ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID”) (dated December 23, 2010) in Certain MEMS Devices and Products Containing the Same (337-TA-700).

By way of background, the Complainant in this investigation is Analog Devices, Inc (“Analog”). and the Respondents are Knowles Electronics LLC (“Knowles”) and Mouser Electronics, Inc. (“Mouser”). The two patents at issue relate to MEMS devices and products containing the same. Both U.S. Patent No. 7,220,614 (the ‘614 patent) and U.S. Patent No. 7,364,942 (the ‘942 patent) are entitled “Process for Wafer Level Treatment to Reduce Stiction and Passivate Micromachined Surfaces and Compounds Used Therefor” and are directed to a process for forming durable anti-stiction surfaces on micromachined structures while they are still in wafer form (i.e., before they are separated into discrete devices for assembly into packages). Analog accused several models of Knowles’ SiSonic MEMS microphones, made using Knowles’ “dry” SAM anti-stiction process, of infringing the ‘614 and ‘942 patents. An investigation was instituted on January 5, 2010.

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ALJ Charneski Issues Public Version of Initial Determination In Certain Multimedia Display And Navigation Devices And Systems (337-TA-694)

By Eric Schweibenz
|
Feb
11
Further to our December 21, 2010 post, on January 26, 2011, ALJ Carl C. Charneski issued the public version of the Initial Determination (dated December 16, 2010) (“ID”) in Certain Multimedia Display And Navigation Devices And Systems (337-TA-694).

By way of background, the Complainants in this investigation are Pioneer Corporation and Pioneer Electronics (USA), Inc. (collectively, “Pioneer”) and the Respondents are Garmin International, Inc. and Garmin Corp. (collectively, “Garmin”).  The three patents at issue, U.S. Patent Nos. 5,365,448 (the ‘448 patent), 5,424,951 (the ‘951 patent), and 6,122,592 (the ‘592 patent) relate to how information can be stored, retrieved, or displayed on Global Positioning System (“GPS”) navigation systems.

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ALJ Charneski Issues Initial Determination In Certain Flash Memory (337-TA-685)

By Eric Schweibenz
|
Mar
01
On February 28, 2011, ALJ Carl C. Charneski issued a notice regarding the Initial Determination (“ID”) in Certain Flash Memory and Products Containing Same (Inv. No. 337-TA-685).

By way of background, and according to the notice, the Complainant in this investigation is Samsung Electronics, Co., Ltd. and the Respondents are Spansion, Inc., Spansion LLC, D-Link Corp., D-Link Systems, Inc., Alpine Electronics, Inc., Alpine Electronics of America, Inc., and Egreat USA.

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ALJ Luckern Issues Public Version Of Initial Determination In Certain Mobile Telephones And Wireless Communication Devices Featuring Digital Cameras (337-TA-703)

By Eric Schweibenz
|
Mar
18
Further to our January 26, 2011 post, on March 8, 2011, Chief ALJ Paul J. Luckern issued the public version of the Initial Determination (“ID”) (dated January 24, 2011) in Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof (Inv. No. 337-TA-703).

By way of background, the Complainant in this investigation is Eastman Kodak Company (“Kodak”) and the Respondents are Research In Motion, Ltd., Research In Motion Corporation (collectively, “RIM”), and Apple Inc. (“Apple”) (RIM and Apple collectively, the “Respondents”).  The Commission instituted the investigation on February 17, 2010.  A claim construction hearing was conducted on May 24-25, 2010 and ALJ Luckern issued an initial determination construing certain claim language of asserted claim 15 of U.S. Patent No. 6,292,218 (the ‘218 patent) on June 22, 2010.  See our July 21, 2010 and July 27, 2010 posts for more details.  On October 20, 2010, the Commission issued a notice that ALJ Luckern’s June 22, 2010 initial determination on claim construction is actually an order rather than an initial determination.  See our October 20, 2010 post for more details.   A prehearing conference was conducted on September 1, 2010, and an evidentiary hearing was conducted on September 1, 2, 3, 7, 8, and 9, 2010.

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ALJ Gildea Issues Initial Determination In Certain Electronic Devices (337-TA-701)

By Eric Schweibenz
|
Mar
28
On March 25, 2011, ALJ E. James Gildea issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers (Inv. No. 337-TA-701).

By way of background, the Complainants in this investigation are Nokia Corporation and Nokia Inc.  The Respondent is Apple Inc.

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ALJ Charneski Issues Public Version Of Initial Determination In Certain Flash Memory and Products Containing Same (337-TA-685)

By Eric Schweibenz
|
Apr
01
Further to our March 1, 2011 post, on March 24, 2011, ALJ Carl C. Charneski issued the public version of the Initial Determination (“ID”) (dated February 28, 2011) in Certain Flash Memory and Products Containing Same (Inv. No. 337-TA-685).

By way of background, the Complainant in this investigation is Samsung Electronics, Co., Ltd. (“Samsung”) and the remaining Respondents are Spansion, Inc. and Spansion LLC, (collectively, “Spansion”) and D-Link Corp. and D-Link Systems, Inc. (collectively, “D-Link”).  The patent at issue, U.S. Patent No. 5,740,065 (the “’065 patent”), relates to a method for manufacturing semiconductor devices, such as silicon wafers, where certain process variables or parameters can be automatically set based on certain past process variables or parameters.

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ALJ Bullock Issues Initial Determination On Enforceability In Certain Foam Footwear (337-TA-567)

By Eric Schweibenz
|
Apr
01
On March 29, 2011, ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) (dated February 9, 2011) in connection with the remand proceeding in Certain Foam Footwear (Inv. No. 337-TA-567).  ALJ Bullock determined that Respondents had not shown by clear and convincing evidence that U.S. Patent Nos. 6,993,858 (the ‘858 patent) and D517,789 (the ‘789 patent) are unenforceable due to inequitable conduct.

By way of background, Complainant Crocs, Inc. (“Crocs”) filed a complaint with the ITC naming eleven respondents, alleging violations of Section 337 by infringement of the ‘858 patent, the ‘789 patent and the Crocs trade dress.  All respondents except Double Diamond Distribution Ltd. and Effervescent, Inc. (collectively, “Respondents”) have been terminated from the investigation on the basis of a consent order, settlement agreement, or an undisputed Commission determination of non-infringement.  On April 11, 2008, ALJ Bullock issued an initial determination finding no violation of Section 337 by reason of invalidity of the ‘858 patent and non-infringement/non-satisfaction of the technical prong of the domestic industry requirement concerning the ‘789 patent.  ALJ Bullock made no findings regarding the enforceability of the ‘858 and ‘789 patents.  On July 25, 2008, the ITC affirmed ALJ Bullock’s initial determination with certain modifications and clarifications.  Crocs appealed the ITC decision and on February 24, 2010, the Federal Circuit overturned the ITC’s findings regarding invalidity of the ‘858 patent and non-infringement/non-satisfaction of the technical prong of the domestic industry requirement concerning the ‘789 patent, remanding the investigation for a determination of infringement and any appropriate remedies.  See our February 24, 2010 post for more information.  ALJ Bullock determined in a notice dated August 26, 2010, that “the issue of enforceability was tried before the undersigned and fully briefed by the parties in their post-trial submissions…[and thus] the remand proceedings will proceed on the evidence already of record.”

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ALJ Luckern Issues Initial Determination In Certain Integrated Circuits (337-TA-709)

By Eric Schweibenz
|
Apr
06
On April 4, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Initial Determination (ID) in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras (Inv. No. 337-TA-709), finding no violation of Section 337.

By way of background, the Commission instituted this investigation on March 29, 2010.  The Complainant is Freescale Semiconductor, Inc. (“Freescale”) and the Respondents remaining in the investigation are Funai Electric Co., Ltd., Funai Corporation, Inc., Wal-Mart Stores, Inc., Best Buy Purchasing, LLC, BestBuy.Com, LLC, and Best Buy Stores, L.P.  Only claims 9 and 10 of U.S. Patent No. 5,467,455 (the ‘455 patent) remain at issue.  See our April 5, 2011 post for more information.

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ALJ Luckern Issues Initial Determination In Certain Electronic Devices With Multi-Touch Enabled Touchpads And Touchscreens (337-TA-714)

By Eric Schweibenz
|
May
02
On April 29, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (Inv. No. 337-TA-714).

By way of background, the Complainant in this investigation is Elan Microelectronics Corporation (“Elan”) and the Respondent is Apple Inc (“Apple”).

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ALJ Gildea Issues Public Version of Initial Determination In Certain Electronic Devices (337-TA-701)

By Eric Schweibenz
|
May
11
Further to our March 28, 2011 post, on April 27, 2011, ALJ Gildea issued the public version of the Initial Determination (“ID”) in Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers (Inv. No. 337-TA-701).

According to the ID, ALJ Gildea determined that no violation of Section 337 had occurred by Apple in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain electronic devices, including mobile phones, portable music players, or computers by reason of infringement of U.S. Patent Nos. 6,518,957 (the ‘957 patent), 6,714,091 (the ‘091 patent), 6,834,181 (the ‘181 patent), 6,895,256 (the ‘256 patent), or 6,924,789 (the ‘789 patent).  ALJ Gildea also determined that a domestic industry exists that practices the ‘789 patent, but not the ‘091 patent, the ‘181 patent, and the ‘256 patent.

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ALJ Rogers Issues Initial Determination In Certain Digital Imaging Devices And Related Software (337-TA-717)

By Eric Schweibenz
|
May
16
On May 12, 2011, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Digital Imaging Devices and Related Software (Inv. No. 337-TA-717).

By way of background, the Complainant in this matter is Apple, Inc.  The Respondent is Eastman Kodak Company (“Kodak”).

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ALJ Luckern Issues Public Version Of Initial Determination In Certain Integrated Circuits (337-TA-709)

By Eric Schweibenz
|
May
20
Further to our April 6, 2011 post, on May 12, 2011, Chief ALJ Paul J. Luckern issued the public version of the Initial Determination (“ID”) (dated April 4, 2011) in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras (Inv. No. 337-TA-709).

By way of background, the Commission instituted this investigation on March 29, 2010.  The Complainant is Freescale Semiconductor, Inc. (“Freescale”) and the Respondents remaining in the investigation are Funai Electric Co., Ltd. and Funai Corporation, Inc. (collectively, “Funai”), Wal-Mart Stores, Inc., Best Buy Purchasing, LLC, BestBuy.Com, LLC, and Best Buy Stores, L.P (all Respondents collectively, the “Respondents”).  Only claims 9 and 10 of U.S. Patent No. 5,467,455 (the ‘455 patent) remain at issue.  See our April 5, 2011 post for more details.

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