ITC Blog: ITC 337 Update

On February 26, 2010 ALJ Charneski issued an enforcement initial determination finding respondents Proview International, Proview Shenzhen, and Proview Technology in default in Inv. No. 337-TA-617, In the Matter of Certain Digital Televisions Products and Certain Products Containing Same and Methods of Using Same. Complainants Funai Electric Co. Ltd and Funai Corporation had moved for an order directing Proview respondents to show cause why they should not be found in default, given Proview respondents’ failure to respond to the enforcement complaint, notice of institution of enforcement proceeding, and a February 1, 2010 order to show cause why they should not be held in default. (PDF)

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On February 26, 2010 ALJ Essex issued his initial determination, terminating Inv. No. 337-TA-702, In the Matter of Certain Liquid Crystal Display Modules and Products Containing the Same, and Methods for Making the Same following complainant Sharp Corporation’s motion to terminate on the basis of a settlement agreement reached with respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Semiconductor, Inc. (PDF)

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ALJ Rogers issued the public version of his October 14 ,2009 initial determination that a violation of section 337 occurred in Inv. No. 337-TA-665, In the Matter of Certain Semiconductor Integrated Circuits and Products Containing Same.   ALJ Rogers found that a violation of section 337 occurred in connection with U.S. Patent Nos. 5,646,434; 5,213,670; 5,851,899 and 6,495,918, belonging to complainant Qimonda AG. ALJ Rogers further found that a domestic industry did not exist that practiced any of the patents listed above. (PDF)

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On February 25, ALJ Bullock set a target date of June 24, 2011 for completion of Inv. No. 337-TA-704, In the Matter of Certain Mobile Communication and Computer Devices and Components Thereof. ALJ Bullock directed complainant Apple Computer, Inc. and respondents Nokia Corporation and Nokia, Inc. to submit a discovery statement on or before March 18, 2010 and set forth the ground rules for the investigation. (PDF)

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On February 24, 2010 the Commission issued its opinion affirming ALJ Essex’s determination that respondents Acer, Incorporated, Nanya Technology Corporation, Powerchip Semiconductor Corporation and others, did not violate section 337 in connection with claims 1-4, 9, 10 and 33-35 of U.S. Patent No. 5,663,106, claims 17 and 18 of U.S. Patent No. 5,679,977 and claims 1-4, 9-12, 15 and 16 of U.S. Patent No. 6,133,627. The investigation is Inv. No. 337-TA-630, Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same.  (PDF)

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On February 23, 2010 Chief ALJ Luckern issued notice to complainant Humanscale Corp. and respondents CompX International, Inc. and Waterloo Furniture Companies, Ltd. containing his final initial determination and recommendation in Inv. No. 337-TA-670, In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof. Chief ALJ Luckern’s initial determination found that a violation of section 337 occurred in the importation and sale of the adjustable keyboard support systems at issue, and recommended that if the Commission determined a violation occurred that a limited exclusion order barring entry of items at issue into the U.S. (PDF)

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On February 23, 2010 ALJ Bullock issued an initial determination extending the target date and modifying the procedural schedule in Inv. No. 337-TA-693, In the Matter of Certain Foldable Stools. The order set February 9, 2011 as the date for issuance of initial determination and June 9, 2001 as the date for June 9, 2011 as the target date for completion of investigation.  (PDF)

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On February 23, 2010, ALJ Bullock issued an initial determination terminating Inv. No. 337-TA-699, In the Matter of Certain Liquid Crystal Display Devices and Products Containing the Same. Complainant Samsung Electronics Co. Ltd. and respondents Sharp Corporation, Sharp Electronics Corporation, and Sharp Electronics Manufacturing Company of America jointly moved to terminate the Investigation following the execution of settlement and licensing agreements.  (PDF)

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On February 18, 2010 Inv. No. 337-TA-706, In the Matter of Certain Wireless Communications System Server Software, Wireless Handheld Devices and Battery Packs, was assigned to Administrative Law Judge E. James Gildea. (PDF)

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On February 18, 2010 Inv. No. 337-TA-704, In the Matter of Certain Mobile Communication and Computer Devices and Components Thereof, was assigned to Administrative Law Judge Charles Bullock. (PDF)

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On February 18, 2010 Inv. No. 337-TA-705, In the Matter of Certain Notebook Computer Products and Components Thereof, was assigned to Administrative Judge Paul Luckern.  (PDF)

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On February 18, 2010 ALJ Gildea issued an order stating that respondent Qingdao Auront Industry & Trade Co. Ltd. must respond to the complaint filed by Matthew Bullock and Walnut Industries, Inc. and Notice of Investigation, as well as discovery requests, by March 24, 2010 or else be held in default in Inv. No. 337-TA-696, In the Matter of Certain Restraining Systems for Transport Containers, Components Thereof, and Methods of Using Same. (PDF)

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ALJ Gildea issued an Initial Determination in Inv. No. 337-TA-687, In the Matter of Certain Video Displays, Components Thereof, and Products Containing the Same, granting Complainant LG Electronics and Respondents Funai Electric Company and P & F USA’s joint motion to terminate Funai Electric Company from the investigation following a settlement agreement. ALJ Gildea noted that Commission staff had already determined that nothing in the settlement agreement suggested that it would produce an undue burden on the public health and welfare, or competitive conditions in the U.S. economy.  (PDF)

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On February 18, 2010 ALJ Gildea issued an order setting forth a revised procedural schedule In the Matter of Certain Video Displays, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-687. The revised procedural schedule set September 17, 2010 as the date of the final initial determination and January 18, 2011 as the target date for completion of the investigation.  (PDF)

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On February 18, 2010 ALJ Essex issued his Initial Determination granting Respondent Zhuhai Gree Magneto-Electric Ltd.’s motion to terminate Inv. No. 337-TA-691, In the Matter of Certain Inkjet Supplies and Components Thereof.  Respondent filed a motion to terminate following its entry of a Consent Order, stating that Zhuhai “will not directly or indirectly import into the United States, sell for importation into the United States, or sell within the United States after importation any inkjet supplies or components thereof” that infringe claims of U.S. Patent Nos. 6,959,985, 7,104,630, 6,089,687 and 6,264,301 of Complainant Hewlett-Packard Company.  (PDF)

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ALJ Gildea issued an initial determination that Investigation No. 337-TA-687, Certain Video Displays, Components Thereof, and Products Containing Same, be terminated with respect to Funai Electric Co., Funai Corp., and P&D USA, Inc. based on a settlement between the parties.  The settlement leaves Vizio Inc. as the sole remaining respondent.  (PDF)

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The Commission gave notice that two new investigations had been instituted. The first, Investigation No. 337-TA-706, Certain Wireless Communication System Server Software, Wirelss Handheld Devices and Battery Packs, is based on a complaint filed on January 22, 2010 alleging violations of Section 337 by infringement of U.S. Patent Nos. 5,319,712; 5,359,317; 5,569,550; 6,232,970; and 6,272,333.  The complainant is Motorola, Inc. and the respondent is Research in Motion, Ltd. and Research in Motion Corp.  The second, Investigation No. 337-TA-705, Certain Notebook Computer Products and Components Thereof, is based on a complaint filed January 19, 2010, alleging violations of Section 337 based on infringement of U.S. Patent Nos. 7,156,693 and 5,430, 867.  The Complainant is Toshiba Corporation and the respondents are Wistron Corporation, Wistron Info Comm. (Texas) Corporation, and Wistron Info Comm. Technology (America) Corporation.  (PDF)

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The Commission gave notice that a new investigation had been instituted, 337-TA-704, Certain Mobile Communications and Computer Devices and Components Thereof, based on a complaint filed on January 15, 2010.  The complaint alleges violations of Section 337 by infringement of U.S. Patent Nos. 5,379,431; 5,455,599; 5,519,867; 5,915,131; 5,920,726; 5,969,705; 6,343,263; 6,424,354; and RE39,486.  The complainant is Apple Computer Inc. and the respondents are Nokia Corporation and Nokia, Inc.  (PDF)

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The Commission issued notice of a complaint filed by Toshiba Corporation in Inv. No. 337-TA-705 alleging violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain notebook computer products and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,156,093 and 5,430,867. The respondents are Wistron Corporation, Wistron InfoComm and others. (PDF)

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On February 18, 2010, the Commission issued notice of its determination to reverse a supplemental initial determination to presiding ALJ Bullock to make findings on the issues of anticipation and obviousness in light of prior art determinations made by the Commission. The Commission also determined to extend the target date of Inv. No. 337-TA-501, Certain Encapsulated Integrated Circuit Devices and Products Containing Same, to July 20, 2010. The complainant is Amkor Technology, Inc. (PDF)

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On February 18, 2010 the Commission issued notice of a complaint filed on behalf of Motorola, Inc., alleging violations of section 337 based on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless communication system server software, wireless handheld devices, and battery packs by reason of infringement of certain claims of U.S. Patent Nos. 5,319,712; 5,359,317; 5,569,550; 6,232,970; 6,272,333. The respondents are Research in Motion Ltd. and Research in Motion Corp. and the investigation is Inv. No. 337-TA-706, Certain Wireless Communication System Server Software, Wireless Handheld Devices and Battery Packs. (PDF)

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The Commission issued notice of a complaint filed on behalf of Apple, Inc., alleging violations of section 337 based on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain mobile communications and computer devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,379,431; 5,455,599; 5,519,867; 5,915,131; 5,920,726; 5,969,705; 6,343,354; 6,424,354 and RE 39,486. The respondents are Nokia, Inc. and Nokia Corporation and the investigation is Inv. No. 337-TA-704, Certain Mobile Communication and Computer Devices and Components Thereof.  (PDF)

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The Commission gave notice that a new investigation had been instituted.  Investigation No. 337-TA-703, Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components thereof, is based on a complaint filed January 14, 2010.  The complaint alleges violations of section 337 by infringement of U.S. Patent No. 6,292,218.  The complainant is Eastman Kodak Co., and the respondents are Research in Motion Ltd., Research in Motion Corp., and Apple, Inc.  (PDF)

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the Commission issued a limited exclusion order and terminated Investigation No. 337-TA-655, Certain Cast Steel Railway Wheels, Processes for Manufacturing or Relating to Same and Certain Products Containing Same.  The Commission founda  violation of Section 337 in the importation and sale of steel railway wheels and products containing then using trade secrets asserted by the complainant.  The commission also issued a cease and desist order and set bod at 5% of the value of any cast steel railway wheels and products containing them during the 60-day presidential review period. (PDF)

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ALJ Essex issued an intial determination that Investigation No. 337-TA-691, Certain Inkjet Ink Supplies and Components Thereof, be terminated based on entry of a consent order against respondent Zhuhai Gree Magneto-Electric Co., Ltd.  Zhuhai agreed not to import or sell within the U.S. any ink supplies or components that infringe the patents at issue in the investigation.  (PDF)

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ALJ Essex issued an initial determination in Investigation No. 337-TA-691 that the investigation be terminated with respect to respondents Comptree Inc. d/b/a/ Merithine, ABC Ink, EZ Label, and CDR DVDR Media based on a settlement between the parties.  (PDF)

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ALJ Luckern extended the target date in Investigation No. 337-TA-670, Certain Adjustable Keyboard Support Systems and Components Thereof, by one week to June 23, 2010 due to the severe weather conditions affecting Washingtion, DC last week.  A final ID will be issued in teh investigation by February 23, 2010.  (PDF)

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ALJ Bullock today issued a show cause order in Investigation No. 337-TA-693, Certain Foldable Stools, requiring respondents Ningbo Zhong Tian Co. LTd., Ningbo Ningfeng Import and Export Co. Ltd., and Always Something Brillliant to explain no later than March 3, 2010 why they should not be held in default.  The ALJ found that despite proper service, none of the parties had responded to the complaint or issued a discovery statement.  (PDF)

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ALJ Essex set a target date of April 5, 2011 for Investigation No. 337-TA-697, Certain Authentication Systems, Including Software and Handheld Electronic Devices.  The final determination should be filed no later than December 3, 2010.  (PDF)

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The Commission has extended the target date for completion of Investigation No. 337-TA-501, Certain Encapsulated Integrated Circuit Device and Products Containing Same, to February 18, 2010 due to the severe weather conditions in the Washingtion, DC area for the past week.  (PDF)

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ALJ Bullock issued an order construing the terms of the four patents asserted in Investigation No. 337-TA-664, Certain Flash memory Chips and Products Containing the Same.  Twelve sets of disputed terms were construed: "filling," "doped/doping/dopant" and "single, essentially uniformly doped, HDP oxide/single phosphorous doped HDP oxide layer having an essentially uniform dopant concentration" in U.S. Patent 6,380,029, "selected surface area profile" and "concave curve/convex curve/ upward concave curve" in U.S. Patent No. 6,376,877; and "method of programming in a flash memory/ a flash memory system," "a first device to be programmed," "threshold voltage of a fourth device/threshold voltage of a fifth device," "adjacent to," and "ensuring that a fifth device is on ensuring that a fourth device is off" in U.S. Patent No. 5,715,194. (PDF)

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The Commission gave notice that Investigation No. 337-TA-702, Certain Liquid Crystal Display modules and Products Containing the Same, and Methods for Making the Same, had been instituted, based on a complaint filed January 8, 2010.  The complaint alleges violations of section 337 by infringement of U.S. Patent Nos. 7,379,140; 6,141,075; 7,283,192; 5,670,994; and 7,408,588.  The complainant is Sharp Corp., and the respondents are Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Semiconductor, Inc.  (PDF)

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ALJ Essex recommended that U.S. Patent Nos. 5,872,735; 6,104,640; and 6,118,692 be dropped from Investigation No. 337-TA-683, Certain MLC Flash Memory Devices and Products Containing Same, based on the complainant BTG International Inc.'s request. (PDF)

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