On November 30, 2009, Chief ALJ Luckern granted the order sought by complainants Red Bull Gmbh and Red Bull North America, Inc.directing each of the respondents to show cause why each should not be found in default for failure to respond to the complaint and notice of investigation in Inv. No. 337-TA-678, In the Matter of Certain Energy Products. (PDF)
The Commission issued a limited exclusion order in Inv. No. 337-TA-644, In the Matter of Certain Composite Wear Components and Products Containing the Same, prohibiting the unlicensed entry for consumption of composite wear components and products made by respondents that infringe the claims of the complainant’s patent, U.S. Patent No. RE 39, 998. The Commission also issued a cease and desist order covering the same certain composite wear components and products and directed at respondent Vega Industries and its principals. (PDF)
On November 24, the Commission issued an opinion in Inv. No. 337-TA-644, concerning the importation and sale of products that infringe claims of U.S. Patent No. RE 39, 998, In the Matter of Certain Composite Wear Components and Products Containing the Same, determining to issue a cease and desist order to domestic respondent, Vega Industries, who maintains significant inventory in the United States, but not to foreign respondent, AIA Engineering, Ltd.. The Commission also determined that the issuance of a limited exclusion order against respondents would not be contrary to the public interest and set the bond at 100 percent of entered value due to failure of respondent AIA Engineeering to provide the relevant pricing information in discovery. (PDF)
On November 24, 2009 the Commission issued its Opinion affirming the ALJ Bullock’s initial determination of no violation of section 337 in Inv. No. 337-TA-619, In the Matter of certain Flash Memory Controllers, Drivers, Memory Cards and Media Players and Products Containing Same. The Commission affirmed the construction of some claim terms, but reversed the ID’s construction of other claim terms. (PDF)
On November 24, the Commission issued its Opinion affirming its decision not to review the Chief ALJ Luckern’s September 9, 2009 finding of violation of section 337 in the sale and importation of liquid crystal display devices that infringe complainants’ U.S. Patent Nos. 6,879,364, 6,952,192, 7,304,703 and 7,304,626 in Inv. No. 337-TA-634, In the Matter of Certain Liquid Crystal Display Modules, Products Containing the Same, and Methods for Using the Same. The Commission determined that the appropriate remedy includes cease and desist orders, that the public interest will not be affected by the entry of such an order and affirmed the ALJ’s determination that a 100 percent bond during the period of Presidential Review is appropriate, in such a case where there is inadequate information available to calculate a reasonable royalty rate. (PDF)
On November 23, 2009, the Commission issued the public version of its November 12, 2009 Final Determination finding no violation of section 337 in Inv. No. 337-TA-621, In the Matter of Certain Probe Card Assemblies, Components Thereof, and Certain Tested DRAM and NAND Flash Memory Devices. The Commission terminated the investigation. (PDF)
On November 23, 2009, the Commission issued notice of its determination to review in part a Final Initial Determination finding no violation of section 337 and to remand a portion of Inv. No. 337-TA-648, In the Matter of Certain Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, to the ALJ for further proceedings relating to the obviousness of one of the claims at issue. The Commission also requested that parties to the investigation, interested parties and others file written submissions on the issues of remedy, the public interest, and bonding. (PDF)
On November 23, the Commission issued notice of its determination to review in part a final initial determination finding no violation of section 337 and set forth a schedule for filing written submissions on the issues under review as well as submissions on remedy, the public interest, and bonding in Inv. No. 337-TA-657, In the Matter of Certain Automotive Multimedia Display and Navigation Systems, Components Thereof, and Products Containing Same. (PDF)
ALJ Essex entered a procedural schedule, taking into account the target dates proposed by the complainant and the Commission Investigative Staff that set a target date of approximately sixteen months for Inv. No. 337-TA-691, In the Matter of Certain Inkjet Supplies and Components Thereof. ALJ Essex also ordered the parties to submit their proposed procedural schedules by December 7, 2009. ALJ Essex set a target date of approximately 16 months, February 28, 2011 and stated that any final determination should be filed no later than October 29, 2010. (PDF)
On November 20, 2009 ALJ Essex set forth the joint proposed procedural schedule agreed upon by complainant Paice LLC and respondents Toyota Motor Corporation, Toyota Motor North America, and Toyota Motor Sales, USA, Inc., in Inv. No. 337-TA-688, In the Matter of Certain Hybrid Electric Vehicles and Components Thereof. ALJ Essex set July 9, 2010 as the date for initial determination and November 9, 2010 as the target date for completion of the investigation. (PDF)
On November 20, 2009, ALJ Bullock issued the public version of the Notice of a Final Initial Determination in Inv. No. 337-TA-501, In the Matter of Certain Encapsulated Integrated Circuit Devices and Products Containing Same, decided on October 30, 2009. ALJ Bullock affirmed the Initial Determination which found violation of a violation of Section 337 has been found in relation to in the importation of the accused products, certain encapsulated integrated circuit devices, by reason of infringement of the asserted claims of U.S. Patent No. 6,433,277. (PDF)
On November 20, 2009, ALJ Rogers granted a joint motion to stay the procedural schedule as to respondent Hyundai In the Matter of Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire, Inv. No. 337-TA-686. Both parties had moved to terminate the investigation as to Hyundai on the basis of a settlement agreement. (PDF)
On November 20, 2009, ALJ Charneski issued an Initial Determination in the matter of Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing or Relating to the Same and Certain Products Containing the Same, Inv. No. 337-TA-655. The Initial Determination included the following conclusions of law, among others: (1) the Commission has personal and subject matter jurisdiction; (2) the importation requirement has been met and (3) a violation of section 337 has occurred with respect to the trade secrets owned by complainant Amsted. (PDF)
The Commission issued a Notice of its determination not to review an initial determination of the presiding ALJ terminating Inv. No. 337-TA-680, In the Matter of Certain Machine Vision Software, Machine Vision Systems and Products Containing Same as to respondents Yxlon International Gmbh and Yxlon International, Inc. based on a consent order and a settlement agreement. The Commission also issued a Notice of its determination not to review an Initial Determination terminating the above-referenced investigation for respondents Multitest Elektronische System Gmbh and Multitest Electronic Systems, Inc. based on consent order and a settlement agreement. (PDF)
On November 19, 2009, the Commission issued notice of its determination to extend the target date for the completion of the investigation In the Matter of Certain Variable Speed Wind Turbines and Components Thereof, Inv. No. 337-TA-641 by eleven days, to December 18, 2009. (PDF)
On November 19, 2009, Chief ALJ Luckern granted complainants Red Bull Gmbh and Red Bull North America, Inc. motion for an order directing respondent Avalon International General Trading, LLC to show cause why it should not be found in default for failure to respond to the complaint and notice of investigation in the matter of Certain Energy Drink Products, Inv. No. 337-TA-678. ALJ Luckern ordered respondents to show cause by December 7, 2009. (PDF)
The Commission issued notice that it has determined not to review ALJ Rogers’s initial determination in consolidated Inv. Nos. 337-TA-667 and 337-TA-673, In the Matter of Certain Electronic Devices, Including Handheld Wireless Communications Devices, granting complainant Saxon Innovations, LLC’s motion that it has met the economic prong of the domestic industry requirement. (PDF)
On November 18, 2009 ALJ Charneski issued a procedural schedule, in view of complainant Norgren, Inc.’s and respondents SMC Corp. of America and SMC Corp.’s joint report in Inv. No. 337-TA-587, In the Matter of Certain Connecting Devices for Modular Compressed Air Conditioning Units and the FRL Units They Connect. ALJ Charneski set April 21, 2010 as the hearing date. (PDF)
On November 17, 2009, ALJ Bullock granted complainant UneMed Corporation’s motion for an order to show cause against respondent EST Nutrition LLC d/b/a/ Engineered Sports Technology, based on the respondent’s failure to respond to the Complaint and Notice of Investigation In the Matter of Certain Products Advertised as Containing Creatine Ethyl Ester, Inv. No. 337-679. The complaint alleged that respondent violated section 337 in connection with the importation into the United States, sale for importation, and sale after importation of certain products advertised as containing creatine ethyl ester. ALJ Bullock, in granting the motion, ordered respondent to show cause why it should not be found in default for failing to respond to the complaint and Notice of Investigation no later than the close of business on Thursday, December 3. (PDF)
On November 17, 2009 ALJ Rogers denied respondent Sidergas SpA’s motion for summary determination that a claim of one of complainant’s patents is invalid as anticipated in Inv. No. 337-TA-686, In the Matter of Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire. ALJ Rogers found that granting summary judgment determination based on anticipation would be improper, given Sidergas’s failure to offer any proposed claim constructions. (PDF)
Chief ALJ Luckern issued an initial determination removing claims no longer asserted by complainant Humanscale Corporation from the investigation In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof, Inv. No. 337-TA-670. (PDF)
ALJ Rogers issued the public version of his October 14, 2009 order denying complainant Saxon Innovations, LLC’s motion for summary determination of no enforceability due to inequitable conduct and no invalidity in Inv. No. 337-TA-673, In the Matter of Certain Electronic Devices, Including Handheld, Wireless Communication Devices. ALJ Rogers’s order also denied respondent Samsung’s motion for summary determination of unenforceability due to inequitable conduct. ALJ Rogers ruled that a genuine issue of disputed material fact regarding an intent to deceive precluded a summary determination of unenforceability of U.S. Patent No. 5,608,873 due to inequitable conduct. (PDF)
On November 16, 2009, ALJ Rogers denied respondent Sidergas SpA’s motion for summary determination of invalidity of claims 3, 4, 6, 12, and 13 of U.S. Patent No. 6,708,864, held by complainant Lincoln Electric Company and Lincoln Global, Inc. ALJ Rogers noted that because the parties failed to identify the claim terms in dispute or offer any proposed claim constructions, granting summary determination based on anticipation would be improper In the Matter of Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire, Inv. No. 337-TA-686. (PDF)
On November 16, 2009 ALJ Charneski issued the public version of his October 15, 2009 initial determination granting complainant Saxon Innovations, LLC’s motion for summary determination that it has met both the technical and economic prongs of the domestic industry requirement and denying respondents motion for summary determination that Saxon had failed to satisfy this requirement in Inv. No. 337-TA-673, In the Matter of Certain Electronic Devices, Including Handless, Wireless Communication Devices. ALJ Charneski noted that the Commission has long held that the activities of a licensee may be considered in the domestic industry inquiry under section 337. As a result, the ten-year license agreement between Saxon and Motorola concerning the patents at issue, U.S. Patent Nos. 5,530,097 and 5,608,873, as well as Motorola’s engineering and research and development activities could satisfy the domestic industry requirement. (PDF)
On November 16, 2009, Chief ALJ Luckern issued the public version of his November 4, 2009 order denying respondents CompX International, Inc. and Waterloo Furniture Components Ltd.’s motion for summary determination of invalidity on all claims asserted by complainant Humanscale Corporation on grounds of anticipation and/or obviousness in Inv. No. 337-TA-670, In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof.
Chief ALJ Luckern issued the public versions of two additional November 4, 2009 orders, denying respondents’ motion for summary determination on infringement grounds, and motion for summary determination regarding invalidity due to improper broadening and declaration regarding intervening rights. Chief ALJ Luckern granted complainant’s motion for summary determination that it satisfied the economic prong of the domestic industry requirement. (PDF)
On November 13, 2009 Chief ALJ Luckern issued the public versions of his October 29, 2009 and November 2, 2009 orders granting complainant Gertrude Neumark Rothschild’s motions to terminate respondents Toshiba Corporation and Panasonic from the investigation based on the withdrawal of the complaints against Toshiba and Panasonic in Inv. No. 337-TA-674, In the Matter of Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same. (PDF)
On November 13, 2009 Chief ALJ Luckern issued the public version of his October 19, 2009 initial determination granting complainant Humanscale Corporation’s motion that respondents CompX International Inc. and Waterloo Furniture Components Ltd. d/b/a CompX Waterloo have engaged in activities satisfying the importation requirement of section 337 in Inv. No. 337-TA-670, In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof. (PDF)
On November 12, 2009, ALJ Rogers issued an initial determination granting complainants The Lincoln Electric Company and Lincoln Global, Inc.’s motion to terminate the investigation in part by withdrawing all allegations relating to U.S. Patent Nos. 6,648,141; 6,913,145; 7,398,881 and 7,410,111. Respondents Hyundai Welding Co., Ltd., Kiswel Co. Ltd., The ESAB Group, Inc., Sidergas SpA, and Atlantic China Welding Consumables, Inc. did not oppose the motion. ALJ Rogers denied respondent Sidergas’s motion for summary determination of invalidity with regard to complainants’ four patents, due to their removal from Inv. No. 337-TA-686, In the Matter of Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire. (PDF)
Chief ALJ Luckern issued an order in Inv. No. 337-TA-689, In the Matter of Certain Dual Access Locks and Products Containing the Same, setting a 14 month target date, December 21, 2010 for completion of the investigation and August 23, 2010 as the date for filing a final initial determination. ALJ Luckern also required the complainants, Safe Skies LLC, and David Tropp, respondents, C &C Luggage Manufacturing Co., La Pearl Luggage and Leather Goods Co., Ltd et al and Commission staff to provide proposed procedural schedules by November 20, 2009. (PDF)
On November 10, 2009, the Commission gave notice of its determination to extend the target date and date for determining whether to review the final initial determination, issued October 14, 2009, in Inv. No. 337-TA-665, In the Matter of Certain Semiconductor Integrated Circuits and Products Containing Same. The Commission extended the target date until March 29, 2010 and extended the date to determine whether to review the final ID until January 29, 2010. (PDF)
On November 9, 2009, the Commission issued its final determination of a violation of section 337 in Inv. No. 337-TA-634, In the Matter of Certain Liquid Crystal Display Modules, Products Containing Same, and Methods for Using the Same. The Commission issued a limited exclusion order directed against the products of respondents Samsung Electronics Co., Ltd.. of Korea, Samsung Electronics America, Inc. and Samsung Semiconductor, Inc. and cease and desist orders against Samsung Electronics America, Inc. and Samsung Semiconductor, Inc. (PDF)
On November 9, 2009, ALJ Essex set a target date of November 9, 2010 in Inv. No. 337-TA-688, In the Matter of Certain Hybrid Electric Vehicles and Components Thereof. Complainant Paice LLC and respondents Toyota Motor North America, and Toyota Motor Sales U.S.A., Inc. were ordered to produce procedural schedules no later than November 19, 2009. (PDF)
On November 6, 2009, ALJ Gildea issued an Initial Determination modifying the target date of Inv. No. 337-TA-666, In the Matter of Certain Cold Cathode Fluorescent Lamp Inverter Circuits and Products Containing the Same. ALJ Gildea set a new target date of June 21, 2010 and noted that, given the breadth of the hearing record and the complexity of issues raised, an extension of the target date would harm neither the complainants, 02 Mirco International Ltd. and 02 Micro Inc., nor the respondents, Monolithic Power Systems, Inc. (PDF)
On November 5, 2009, ALJ Bullock issued an amended procedural schedule in light of the joint motion for an amended schedule filed by complainants Spansion, Inc. and Spansion LLP and respondents Samsung Electronics Co., Ltd, Asustek Computer, Inc., Apple, Inc., Transcend Information, Inc., et al in Inv. No. 337-TA-664, In the Matter of Certain Flash Memory Chips and Products Containing the Same. ALJ Bullock set September 18, 2010 as the date for filing an initial determination and January 18, 2011 as the target date for completion of the investigation. (PDF)
The Commission issued public notice of its termination to terminate Inv. No. 337-TA-660, In the Matter of Certain Active Comfort Footwear. On August 5, 2009 the Commission determined not to review an initial determination terminating the investigation based on a settlement agreement as to respondent RYN Korea and a withdrawal of complaint as to the remaining respondents. (PDF)
On November 4, 2009, the Commission issued public notice of October 23, 2009 determination that no violation of section 337 occurred in Inv. No. 337-TA-619, In the Matter of Certain Flash Memory Controllers, Drivers, Memory Cards, and Media Players and Products Containing the Same. The Commission affirmed the final initial determination of the ALJ issued on April 10. 2009. (PDF)
The Commission issued the public version of its October 23, 2009 notice of the institution of an investigation, Inv. No. 337-TA-691, In the Matter of Certain Inkjet Ink Supplies and Components Thereof, following the filing of a new complaint on behalf of Hewlett-Packard. The complaint alleges violations of section 337 based upon the alleged infringement of U.S. Patent Nos. 6,959,985; 7,104,603; 6,089,687 and 6,264,301 in the importation into the United States, the sale for importation, and the sale with the United States after importation of certain inkjet supplies and components thereof that infringe claims of patents held by complainant. The complaint requests that the Commission institute an investigation and issue an exclusion order and cease and desist orders. (PDF)
On November 4, 2009, the Commission issued the public version of its October 4, 2009 notice of its determination to review in part the final initial determination made by the ALJ on August 28, 2009, finding no violation of section 337 in Inv. No. 337-TA-692, In the Matter of Certain Ceramic Capacitors and Products Containing Same. The Commission requested submissions from complainants and respondents that address the form of remedy and the public interest factors in the context of the investigation. (PDF)
On November 4, 2009 ALJ Essex issued the public version of his October 9, 2009 initial determination following a remand ordered by the Commission in Inv. No. 337-TA-632, In the Matter of Certain Refrigerators and Compnents Thereof. ALJ Essex found that the new claims construction ordered specifically by the Commission did not effect his analysis of whether complainant Whirlpool had met the technical prong of the domestic industry requirement in his original Initial Determination, made on February 26, 2009. ALJ Essex made the conclusion of law, among others, that a domestic industry exists, as required by section 337. The respondents were LG Electronics, Inc., LG Electronics USA, Inc. and LG Electronics Monterrey. (PDF)
On November 4, 2009 ALJ Gildea set a target date of December 18, 2009 for complainants Murata Manufacturing Co., Ltd. and Murata Electronics North America, Inc. and respondent Samsung Electro-Mechanics Co., Ltd. and Samsung Electro-Mechanics America, Inc.to submit a discovery statement and a proposed procedural schedule. ALJ Gildea also set forth the Ground Rules for the investigation, In the Matter of Certain Ceramic Capacitors and Products Containing the Same, Inv. No. 337-TA-692. (PDF)
On November 3, 2009, ALJ Gildea issued the public version of the October 3, 2009 final initial determination in Inv. No. 337-TA-650, In the Matter of Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same. ALJ Gildea found that a violation of section 337 occurred in the importation into the United States, the sale for importation, or the sale within the United States after the importation of certain coaxial cable connectors by reason of infringement of one or more claims of the patents held by complainant, U.S. Patent Nos. 6,558,194, 5,470,257, D440,539 and D519,076.
ALJ Gildea issued a recommended determination on remedy and bond that the Commission should issue a general exclusion order directed to coaxial cable compression connectors that infringe the asserted claims of complainant’s patents at issue, and that respondents should be required to post a bond of 13 cents for each accused coaxial cable compression connector imported during the review period. (PDF)
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