ITC Blog: ITC 337 Update

On March 31, 2010, the Commission issued notice of its determination that a violation of section 337 occurred by Hanjiang Fei Yu Electronics Equipment Factory of China, Zhonguang Electronics of China, Yangzhou Zhongguang Electronics Co. of China and Yangzhou Zhonguage Foreign Trade Co. Ltd. of China with respect to U.S. Patent Nos. 6,558,194, and D519,076 in Inv. No. 337-TA-650, In the Matter of Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same. The Commission determined to issued a general exclusion order and a limited exclusion order, as well as a remand order remanding the portion of the investigation relating to D440,539 to the ALJ for further proceedings. The Commission also determined to extend the target date of the investigation to June 1, 2010. (PDF)

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On March 31, 2010 Chief ALJ Luckern issued an post-preliminary conference order setting the procedural schedule in Inv. No. 337-TA-703, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof. ALJ Luckern set September 1, 2010 as the date for a pre-hearing conference and September 1, 2 and 3 as the dates for the hearing. (PDF)

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On March 31, 2010, ALJ Charneski issued an enforcement initial determination following a violation of the Commission’s limited exclusion order of September 24, 2007 in Inv. No. 337-TA-564, In the Matter of Certain Voltage Regulators, Components Thereof, and Products Containing Same. ALJ Charneski recommended that a cease and desist order issue against the respondent in this enforcement proceeding for violating the limited exclusion order.

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On March 30, 2010, Chief ALJ Luckern issued notice of ground rules and dates for submission of discovery statements in Inv. No. 337-TA-708, In the Matter of Certain Stringed Instruments and Components. Chief ALJ Luckern directed complainants and respondents to submit a discovery statement on or before April 30, 2010 and put the parties on notice that a preliminary conference will be held on May 25, 2010. (PDF)

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On March 29, 2010 the Commission issued notice that a complaint was filed by Freescale Semiconductor, Inc. alleging violations of section 337 in the importation into the United States, sale for importation, and the sale within the United States after importation of certain integrated circuits, chipsets, and products containing same including televisions, media players, and cameras by reason of infringement of certain claims of U.S. Patents Nos. 5,467,455; 5,715,014 and 7,199,306. The respondents are Panasonic Corporation, Panasonic Corporation of North America, Funai Electric Co. Ltd, and others. The investigation is Inv. No. 337-TA-709, In the Matter of Certain Integrated Circuits, Chipsets, and Products Containing the Same, including Televisions, Media Players, and Cameras. (PDF)

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On March 29, 2010 the Commission issued notice that a complaint was filed by Geoffrey Lee McCabe under section 337, alleging violations of that section in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain stringed musical instruments and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,965,831; 5,986,191; 6,175,066; and 7,470,841. The complainant requested that the Commission, after an investigation, issue a permanent exclusion order and permanent cease and desist orders against respondents Floyd Rose Guitars and Floyd Rose Marketing, Inc. and others. The investigation is Inv. No. 337-TA-708, In the Matter of Certain Stringed Musical Instruments and Components. (PDF)

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On March 29, 2010 ALJ Bullock issued his initial determination in Inv. No. 337-TA-693, In the Matter of Certain Foldable Stools, granting complainant B & R Plastics’ motion seeking a determination that respondents Ningbo ZhongTian Co., Ltd., Ningbo Ningfeng Import and Export Co. Ltd. and Always Something Brilliant in default based on their failure to respond to the complaint and notice of investigation. (PDF)

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On March 29, 2010, ALJ Essex issued the public version of his March 12, 2010 initial determination in Inv. No. 337-TA-669, In the Matter of Certain Optoelectronic Devices, Components Thereof, and Products Containing the Same. ALJ Essex determined 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 importation of certain optoelectronic devices, components thereof and products containing the same that infringe one or more of claims 1, 2, 3 and 5 of U.S. Patent No. 5,359,447. ALJ Essex determined that no violation of section 337 occurred with respect to claim 6 of U.S. Patent No. 5,359,447 and claim 8 of U.S. Patent No. 5,761,229. ALJ Essex issued his recommended determination that a limited exclusion order be issued for accused products that infringe claims 1, 2, and 3 of the ‘447 paten and that the Commission may also issue a cease and desist letter against respondent Emcor Corporation and a bond set at 3%, the reasonable royalty rate of the entered value of the accused products during the Presidential review period. (PDF)

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On March 29, 2010 ALJ Rogers issued his initial determination in Inv. No. 337-TA-690, In the Matter of Certain Printing and Imaging Devices and Components Thereof, granting complainants Ricoh Company, Ltd., Ricoh Americas Corporation, and Ricoh Electronics, Inc.’s motion to terminate the investigation in part with respect to certain asserted claims of U.S. Patent Nos. 6,029,048; 5,764,866; 5,863,690; and 6,388,771. Respondents Oki Data Corporation and Oki Data Americas do not oppose the motion.

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On March 26, 2010, the Commission issued notice of its determination to extend the target date in Inv. No. 337-TA-650, In the Matter of Certain Coaxial Cable Connectors and Components Thereof and Products Containing the Same to March 31, 2010. (PDF)

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On March 25, 2010 ALJ Charneski issued his initial determination, terminating Inv. No. 337-TA-680, In the Matter of Certain Machine Vision Software, Machine Vision Systems, and Products Containing the Same, following a motion filed by complainant Cognex requesting partial termination of the investigation based on withdrawal of all allegations as to asserted claims of U.S. Patent No. 6,959,112. ALJ Charneski found that no extraordinary circumstances existed to prevent the granting of Cognex’s motion. (PDF)

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On March 25, 2010, ALJ Essex issued an order setting the ground rules in Inv. No. 337-TA-707, In the Matter of Certain Dynamic Random Access Memory Semiconductors and Products Containing the Same Including Memory Modules. ALJ Essex also set April 15, 2010 as the deadline to submit a discovery statement and April 28, 2010 as the date for a preliminary conference. (PDF)

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ALJ Essex issued the public version of his March 3, 2010 initial determination in Inv. No. 337-TA-688, In the Matter of Certain Hybrid Electric Vehicles and Components, granting complainant Paice LLC’s motion for summary determination of infringement, validity and unenforceability of U.S. Patent No. 5,343,970, finding that the ‘970 patent is valid and enforceable and that the accused products of respondents Toyota Motor Corporation, Toyota Motor North America, and Toyota Motor Sales USA, Inc. literally meet each and every limitation of claims 11 and 39 of the ‘970 patent. (PDF)

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On March 23, 2010, ALJ Charneski issued an order setting the procedural schedule in Inv. No. 337-TA-685, In the Matter of Certain Flash Memory and Products Containing Same. ALJ Charneski set a technology tutorial date of November 15, 2010 and a hearing date of December 16-17, 2010. (PDF)

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The Commission issued notice that a complaint was filed on behalf of Infineon Technologies AG of Germany and Infineon Technologies North America Corporation, alleging violations of section 337 based upon the importation, sale for importation, sale within the United States after importation of certain dynamic random access memory semiconductors and products containing same, including memory modules, by reason of infringement of certain claims of U.S. Patent Nos. 5,480,051; 5,422,309; 5,397,664 and 7,071,074. The respondents are Elpida Memory Inc., Elpida Memory USA, Rexchip Electronics Corporation and others. The investigation is Inv. No. 337-TA-707, In the Matter of Certain Dynamic Random Access Memory Semiconductors and Products Containing the Same, including Memory Modules. (PDF)

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On March 22, 2010, the Commission issued notice of its decision to reverse an initial determination on remand from ALJ Charneski and to affirm-in-part, reverse-in-part, and modify-in-part an initial determination of ALJ Charneski. The Commission determined that there is no violation of section 337 in the investigation, Inv. No. 337-TA-648, In the Matter of Certain Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing the Same, and terminated the investigation. (PDF)

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On March 22, 2010 ALJ Luckern granted respondents’ motion for summary determination of non infringement if all claims of U.S. Patent Nos. 7,021,537 and 7,036,728 in Inv. No. 337-TA-689, In the Matter of Certain Dual Access Locks and Products Containing the Same. Chief ALJ Luckern found, as a matter of law, that no respondent in the investigation could be held liable for direct infringement of any of the asserted and independent methods claims, as no respondent practiced all of the elements of said claims, and terminated the investigation. (PDF)

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On March 22, 2010, ALJ Bullock issued an order setting the procedural schedule in Inv. No. 337-TA-704, In the Matter of Certain Mobile Communication and Computer Devices and Components Thereof. ALJ Bullock set February 24, 2011 as the due date for an Initial Determination and June 24, 2011 as the target date for completion of the investigation. (PDF)

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On March 19, 2010 the Commission issued its opinion in Inv. No. 337-TA-655, In the Matter of Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same, that respondents violated section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of cast steel railway wheels and products containing same by reason of trade secret misappropriation. The Commission issued a limited exclusion order lasting a period of 10 years as well as cease and desist orders prohibiting respondents from importing, selling, marketing, advertising, distributing, offering for sale, or transferring cast steel railway wheels and products containing the same for the same period. The Commission set a bond of five percent of the entered value of wheels manufactured by respondents using any of the misappropriated trade secrets during the period of Presidential review. (PDF)

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On March 19, 2010, the Commission gave notice of its determination not to review an initial determination terminating Inv. No. 337-TA-691, In the Matter of Certain Inkjet Supplies and Components Thereof, as to respondent Comptree Ink d/b/a Meritline, ABCInk, EZ Label, and CDR DVDR Media on the basis of a settlement agreement. (PDF)

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Chief ALJ Luckern issued an order setting a target date in Inv. No. 337-TA-703, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof. ALJ Luckern set a fifteen month target date for completion of the investigation, May 23 ,2011, with the final initial determine filed no later than January 24, 2011. (PDF)

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On March 18, 2010, ALJ Charneski issued notice of an enforcement initial determination, finding a violation of the limited exclusion order issued by the Commission on September 24, 2007, at the conclusion of the underlying violation investigation, Inv. No. 337-TA-564, In the Matter of Certain Voltage Regulators, Components Thereof, and Products Containing the Same. ALJ Charneski recommended that a cease and desist order issue against respondent Advanced Analogic Technologies, Inc. (PDF)

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On March 17, 2010 the Commission issued notice of its determination to extend the target date of completion of Inv. No. 337-TA-650, In the Matter of Certain Coaxial Cable Connectors Thereof and Products Containing Same, to March 26, 2010. The Commission issued the extension so that it could consider the final disposition of the final initial determination made by the ALJ on October 13, 2009. (PDF)

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On March 17, 2010 issued an Initial Determination setting the target date in Inv. No. 337-TA-685, In the Matter of Certain Flash Memory and Products Containing the Same. ALJ Charneski set February 28, 2011 as the due date of the final initial determination and June 28, 2011 as the target date for completion of the investigation. (PDF)

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ALJ Bullock issued an Initial Determination in Inv. No. 337-TA-664, In the Matter of Certain Flash Memory Chips and Products Containing the Same, granting complainants Spansion, Inc. and Spansion LLC’s consent motion for partial termination of the Investigation as to all asserted claims of U.S. Patent No. 6,380,029 without prejudice. Spansion argued that the “motion would significantly reduce the number of issues to be decided by the Commission.” (PDF)

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On March 15, 2010 ALJ Essex issued an initial determination terminating respondent Inkplustoner.com in Inv. No. 337-TA-691, In the Matter of Certain Inkjet Supplies and Components Thereof, following a motion filed by complainant Hewlett-Packard Company to terminate the investigation as to respondent on the basis of a settlement agreement.  (PDF)

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On March 15, 2010 ALJ Essex issued an Initial Determination in Inv. No. 337-TA-669, In the Matter of Certain Optoelectronic Devices, Components Thereof, and Products Containing the Same, 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 importation of certain optoelectronic devices, components thereof and products containing the same infringe one or more of claims 1, 2, 3 and 5 of U.S. Patent No. 5,359,447. ALJ Essex found that no violation of section 337 occurred with respect to claim 6 of the ‘447 patent and one of more of claim 8 of U.S. Patent No. 5,761,229.  (PDF)

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On March 11, 2010, the Commission issued the public version of its February 12, 2010 notice of its final determination affirming the presiding ALJ Essex’s finding that no violation of section 337 occurred in the importation into the United States, sale for importation, and sale within the United States after importation of certain refrigerators and components thereof by reason of infringement of U.S. Patent No. 6,082,130. The Commission reversed the ALJ’s finding of non-infringement, finding that the accused side-by-side models of respondent LG infringe claims 1, 2, 4, 6 and 9 of the ‘130 patent. The Commission affirms the remainder of the ALJ Essex’s findings, including that the accused products do not infringe claim 8 of the ‘130 patent, that claims 1, 2, 4, 6, and 9 of the ‘130 patent are invalid for obviousness, and that a domestic industry exists. The investigation is Inv. No. 337-TA-632, In the Matter of Certain Refrigerators.  (PDF)

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On March 11, 2010 the Commission issued notice of its determination not to review an initial determination of presiding ALJ Bullock terminating Inv. No. 337-TA-699, In the Matter of Certain Liquid Crystal Display Devices and Products Containing the Same on the basis of a settlement agreement. The complainants is Samsung Electronics Co. Ltd. and the respondents are Sharp Corporation, Sharp Electronics and Sharp Electronics Manufacturing. (PDF)

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On March 9, 2010 ALJ Charneski issued an Initial Determination in Inv. No. 337-TA-663, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, amending the complaint and notice of investigation following complainant Eastman Kodak Company’s request for leave to amend its complaint and notice of investigation to add claim 12 of U.S. Patent No. 5,493,335. ALJ Charneski found that complainant has established good cause for amending the complaint and notice of investigation to include the claim. (PDF)

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ALJ Gildea issued an order setting the procedural schedule in Inv. No. 337-TA-701, In the Matter of Certain Electronic Products, Including Mobile Phones, Portable Music Players and Computers. Complainants Nokia Corporation and Nokia, Inc. and respondents Apple, Inc. had submitted a joint procedural schedule, setting January 31, 2002 as the date for a Final Initial Determination and May 31, 2011 as the target date for completion of the investigation.  (PDF)

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On March 9, 2010, ALJ Charneski issued an Initial Determination in Inv. No. 337-TA-663, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras and Components, 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 importation, of certain mobile telephones and wireless communication devices featuring digital cameras, or components thereof, that infringe claims 1, 4, and 12 of U.S. Patent Nos. 5,493,335 and claims 15, 23-27 of U.S. Patent No. 6,292,218. (PDF)

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ALJ Charneski issued his Recommended Determination on Remedy and Bonding in Inv. No. 337-TA-663, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components. ALJ Charneski recommended that the Commission enter a limited exclusion order against the infringing products of respondent Samsung Electronics, that a cease and desist order be issued and that respondent be required to post a bond for importation of accused products during the Presidential review period. The complainant is Eastman Kodak Company of Rochester, NY.  (PDF)

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On March 9, 2010, ALJ Charneski issued his Recommended Determination on Remedy and Bonding in Inv. No. 337-TA-655, In the Matter of Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same. ALJ Charneski recommended that a limited exclusion order issue with respect to any of the respondents, Standard Car Truck Co., Barber Tianrui Railway Supply, LLC, Tianrui Group Co., Ltd. and Tianrui Group Foundry Co. Ltd., found to be in violation of section 337, and that a cease and desist order issue to that respondent. ALJ Charneski further ordered that if the Commission issued an exclusion order, a bond should be required for respondents’ importations during the Presidential review period. (PDF)

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On March 8, 2010 ALJ Rogers issued an order setting the procedural schedule for Inv. No. 337-TA-705, In the Matter of Certain Notebook Computer Products and Components Thereof. ALJ Rogers set February 23 ,2011 as the due date for an Initial Determination and June 23, 2011 as the target date for completion of the investigation.  (PDF)

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On March 5, 2010 Chief ALJ Luckern issued his Final Initial and Recommended Determinations in Inv. No. 337-TA-670, In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof. ALJ Luckern issued his Final Initial Determination, finding that a violation of section 337 occurred in the importation, or sale within the United States after importation of certain adjustable keyboard support systems or components thereof that infringe one or more of claims 7, 10, 26, 27, 34, 37, 38 and 44 of U.S. Patent No. 5,292,097. ALJ Luckern issued his Recommended Determination that, should the Commission find a violation, a limited exclusion order, barring entry of the infringing products into the United States and a cease and desist order against respondent Waterloo Furniture Components, Ltd., should issue.  (PDF)

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The Commission issued notice of its determination to rescind the limited exclusion order issued on November 16, 2009 in Inv. No. 337-TA-634, Certain Liquid Crystal Display Modules, Products Containing Same, and Methods Using the Same, prohibiting the unlicensed entry of LCD devices, including display panels and modules, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,879,364, 6,952,192, 7,304,703 and 7,304,626 and the cease and desist orders issued prohibiting respondent Samsung Electronics from importing, selling, marketing, advertising, distributing and offering for sale the accused products. On February 12, 2010 complainant Sharp and respondent Samsung Electronics filed a joint petition to rescind the remedial orders on the basis of a settlement agreement between the parties. The Commission thereafter issued its order to rescind. (PDF)

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On March 2, 2010 the Commission issued its determination to rescind its December 14, 2009 limited exclusion order prohibiting the unlicensed entry of LCD devices, including display panels and modules that infringe claims of U.S. Patent No. 6,377,344, and cease and desist orders prohibiting respondent Sharp Electronics Corporation and Sharp Electronics Manufacturing Corp. from importing, distributing, marketing, advertising, offering the accused products for sale. On February 12, 2010 complainant Samsung and respondent Sharp filed a joint petition to rescind the remedial orders on the basis of a settlement agreement. The Commission determined that the agreement constituted a “changed condition of fact or law” sufficient to justify rescission. The investigation is Inv. No. 337-TA-631, In the Matter of Certain Liquid Crystal Display Devices and Products Containing Same. (PDF)

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On March 2, 2010 the Commission issued its determination not to review the initial determination of 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 Communication Devices and granted a motion to terminate the consolidated investigation in their entirety on the basis of settlement agreements. Saxon Innovations LLC filed the complaint on March 31, 2009 against Palm, Inc., Panasonic Corporation, and Samsung Electronics Co. Ltd. (PDF)

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On March 2, 2010, ALJ Rogers issued an order in Inv. No. 337-705, In the Matter of Certain Notebook Computer Products and Components Thereof, setting February 23, 2011 as the date for Initial Determination on the alleged violation of section 337 and June 23, 2011 as the target date for completion of the investigation. The complainant is Toshiba Corporation; respondents are Wistron Corporation; Wistron InfoComm Corporation and Wistron InfoComm Technology. (PDF)

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ALJ Gildea gave notice of the grounds of Inv. No. 337-TA-706, In the Matter of Certain Wireless Communication System Server Software, Wireless Handheld Devices and Battery Packs, and set a target date of June 24, 2011 for completion of the investigation. ALJ Gildea directed the parties to submit a discovery statement and proposed procedural schedule by April 5, 2010.  (PDF)

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On March 1, 2010 ALJ Bullock issued an Initial Determination granting Complainant B & R Plastics’ motion to terminate the investigation as to Respondent Buy.com in Inv. No. 337-TA-693, In the Matter of Certain Foldable Stools. Complainant moved to terminate on the basis of withdrawal of the complaint, following the adoption of a written agreement between the parties. (PDF)

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On March 1, 2010, ALJ Essex issued an order setting the procedural schedule in Inv. No. 337-TA-697, In the Matter of Certain Authentication Systems, Including Software and Handheld Electronic Devices. ALJ Essex denied Respondent Research in Motion’s request for a Markman hearing, finding that while there were several asserted claims in the litigation, the claims were limited to a single patent and specification and parties could adequately address claim construction issues in pre-hearing and post-hearing briefs and at the evidentiary hearing. ALJ Essex determined that a technology tutorial would be beneficial, however, and set June 3, 2010, as the date for the tutorial. ALJ Essex also set April 5, 2011 as the target date for completion of the investigation.  (PDF)

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