Commission Declines Review of ID Terminating Investigation 337-TA-711

The Office of the Secretary issued a Notice in the Federal Register announcing that the Commission determined on June 21, 2010 not to review an initial determination terminating the investigation based on a withdrawal of the complaint, issued by ALJ Rogers in Inv. No. 337-TA-711, Certain Inkjet Ink Cartridges with Printheads and Components Thereof. The investigation was instituted on April 6, 2010, on the basis of a complaint filed by Hewlett-Packard Company of Palo Alto, California, alleging violations of section 337 on the basis of importation into the United States, the sale for importation, and the sale within the United States after important of certain authentication systems, including software and handheld electronic devices, by reason of infringement of certain claims of U.S. Patent Nos. 6,234,598; 6,309,053; 6,398,347; 6,412,917; 6,481,817; and 6,402,279. The respondents were MicroJet Technology Co., Ltd., of Hsinchu City, Taiwan; Mipo Technology Limited, of Kwun Tong, Kowloon, Hong Kong; Mipo Science & Technology Co., Ltd., of Guangzhou, China; Mextec d/b/a Mipo America Ltd. of Miami, Florida; SinoTime Technologies, Inc. d/b/a All Colors, of Miami, and Florida; and PTC Holding Limited, of Kwun Tong, Kowloon, Hong Kong.
 

Comment Submitted by Senator McConnell in Investigation 337-TA-688

Senator Mitch McConnell of Kentucky submitted a comment today in support of respondent Toyota Motor Corp. in Inv. No. 337-TA-688, Certain Hybrid Vehicles and Components Thereof. Sen. McConnell urged the Commission to give “full and fair consideration” to the submission made by Toyota in the investigation, as the complainant, Paice LLC of Bonita Springs, Florida, seeks to ban the import of Toyota hybrid vehicles and Toyota hybrid engines into the United States. Sen. McConnell echoed Toyota’s prediction of a “devastating impact on the production of its hybrid vehicles in Kentucky,” and urged the Commission to consider the serious impact an adverse ruling could have on thousands of Toyota workers in Kentucky. Sen. McConnell’s comments come in light of ALJ Essex’s June 23 Order denying Toyota’s renewed motion for summary determination on the basis of claim preclusion.

Commission Declines Review of ID Terminating Investigation 337-TA-697

The Office of the Secretary issued a Notice in the Federal Register announcing that the Commission determined on June 21, 2010 not to review an initial determination terminating the investigation based on a settlement agreement, issued by ALJ Essex in Inv. No. 337-TA-697, Certain Authentication Systems, Including Software and Handheld Electronic Devices. The investigation was instituted on January 5, 2010, on the basis of a complaint filed by Prism Technologies LLC of Omaha, Nebraska, alleging violations of section 337 on the basis of importation into the United States, the sale for importation, and the sale within the United States after important of certain authentication systems, including software and handheld electronic devices, by reason of infringement of certain claims of U.S. Patent No. 7,290,288. The respondents were Research in Motion, Ltd. of Ontario, Canada and Research in Motion Corp. of Irving, Texas.

New Complaint 337-TA-2743 Filed By Canon

A new complaint, 337-TA-2743, was filed today by Canon, Inc., Canon USA, Inc. and Canon Virginia, Inc. While the complaint is not yet publicly available, the Complaint names Ninestar Image Int'l, Ltd.; Ninestar Technology Co., Ltd.; Ninestar Management Co., Ltd.; Zhuhai Seine Technology Co., Ltd.; Seine Image Int'l Co., Ltd.; Ninestar Image Co., Ltd.; Ziprint Image Corp.; Nano Pacific Corp.; Ninestar Tech Co., Ltd.; Town Sky, Inc.; ACM Technologies, Inc.; LD Products, Inc.; Printer Essentials.com, Inc.; XSE Group, Inc. d/b/a Image Star; Copy Technologies, Inc.; Red Powers, Inc., d/b.a LaptopTraveller.com; Direct Billing International, Inc., d/b/a OfficeSupplyOutfitters.com; Compu-Imaging, Inc.; EIS Office Solutions, Inc.; and Refills, Inc. as the proposed respondents. The Complaint alleges that the respondents are engaged in unfair competition with regard to toner cartridges.

 

Commission Declines Review of ID Granting Joint Motion to Terminate Based on Consent Order

The Commission issued a notice that it has determined not to review a June 4, 2010 initial determination by ALJ Bullock granting a joint motion to terminate respondents in Inv. No. 337-TA-708, Certain Stringed Musical Instruments and Components Thereof. The joint motion to terminate respondents Floyd Rose Guitars, Floyd Rose Marketing, Inc., Davitt & Hanser Music Co. d/b/a HHI, and Ping Well Industries, Co., Ltd. was based on a consent order stipulation with complainant Geoffrey McCabe, which has been issued by the Commission. The consent order provides that the respondents will not, except under consent or license from complainant or his assignees, sell for importation, import into the United States or sell in the United States after important, or knowingly aid such actions, in regards to the accused stringed musical instruments.

ALJ Essex Grants Joint Motion to Terminate Investigation 337-TA-707 Based on Settlement

ALJ Essex issued an initial determination today granting a joint motion to terminate Inv. No. 337-TA-707Certain Dynamic Random Access Memory Semiconductors and Products Containing Same, Including Memory Modules. Complainants Infineon Technologies AG and Infineon Technologies North America Corp., and Respondents Elpida Memory, Inc. (“Elpida”), Elpida Memory (USA) Inc., Rexchip Electronics Corporation, Kingston Technology Company, Kingston Technology (Shanghai) Co. Ltd., Kingston Technology Far East Co. Ltd., Kingston Technology Far East (M) Sdn. Bhd., Payton Technology Corp., Apacer Technology Inc., Apacer Memory America Inc., Corsair Memory, Corsair Memory (Taiwan), Mushkin Inc., Mushkin APAC, Transcend Information Inc., and Transcend USA filed a joint motion on June 18, 2010 to terminate the investigation on the basis of a settlement agreement. The agreement is between Infineon and Elpida, but while the remaining respondents are not party to the agreement, the motion requests that the investigation be terminated against those remaining respondents.

New Complaint 337-TA-2742 Filed By Hewlett-Packard

A new complaint, 337-TA-2742, was filed on June 25, 2010 by Hewlett-Packard Co. and Hewlett-Packard Development Co., L.P. While the complaint is not yet publicly available, the Complaint names Mipo International Ltd.; Mextec Group Inc d/b/a Mipo America Ltd.; Shanghai Angel Printer Supplies Co., Ltd.; Shenzhen Print Media Co., Ltd.; Zhuhai National Resources & Jingjie Imaging Products Co., Ltd.; Tatrix International; and Ourway Image Co., Ltd. as the proposed respondents. The Complaint alleges that the respondents are engaged in unfair competition with regard to inkjet ink supplies.


 

ALJ Gildea Assigned to 337-TA-724

ALJ Gildea has been assigned Investigation No. 337-TA-724, Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software.

Investigation 337-TA-724 Instituted

On June 25, 2010, the Commission issued a Notice instituting a section 337 investigation entitled Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, Inv. No. 337-TA-724. The complainants are S3 Graphics Co., Ltd. and S3 Graphics, Inc. The respondent is Apple Inc. The investigation involves allegations of violations of section 337 based upon infringement of U.S. Patent Nos. 7,043,087; 6,775,417; 6,683,978; and 6,658,146.
 

Commission Declines Review of ID Terminating Investigation 337-TA-693

On June 25, the Commission determined not to review an initial determination terminating investigation 337-TA-693 based on withdrawal of the complaint.  The Complainant, B&R Plastics, moved to terminate on May 13, 2010 due to withdrawal of the complaint.  ALJ Bullock granted the motion on June 8, and no party petitioned for review.

New Complaint 337-TA-2741 Filed By STC.UNM

A new complaint, 337-TA-2741, was filed today by STC.UNM, a nonprofit corporation formed by and owned entirely by the University of New Mexico (UNM) to transfer the inventions of UNM's faculty to the commercial marketplace. While the complaint is not yet publicly available, the Complaint names Taiwan Semiconductor Manufacturing Company Limited and Samsung Electronics Company Limited as the proposed respondents. The Complaint alleges that the respondents are engaged in unfair competition with regard to semiconductor products made by advanced lithography techniques and products containing same.

 

Parties File Joint Stipulated Motion to Partially Terminate Inv. No. 685 Based on Consent Order Stipulation

Complainant Samsung Electronics Co., Ltd. And Respondents Synology Inc. and Synology America Corporation today filed a joint stipulation and motion to terminate Investigation No. 337-TA-685 as to Synology and for the entry of a Proposed Consent Order, concurrently submitted. The Complaint in the Investigation alleged that Synology imported products in violation of Section 337 that contained flash memory chips made and sold by Respondent Spansion that infringed claims of two U.S. Patents owned by Samsung. In the joint stipulation and motion, Synology did not admit to any unfair practices, but agreed to be bound by an attached Consent Order. The Consent Order stated, among other things, that Synology agrees that it will not import any accused Synoloogy product until the Asserted Claims expire or are found invalid/ unenforceable, the products are found not to infringe or Samsung licenses the products to Synology.

Commission Requests Further Briefing on Patent Exhaustion in Inv. No. 661

On June 22, 2010. the Secretary to the Commissioner issued a Request for Further Briefing on the Issue of Patent Exhaustion in Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same, Inv. No. 337-TA-661. The Commission had previously requested briefing on May 26, 2010 on the impact of a license to the patents by Complainant to a third-party. The parties in the briefing did not discuss or cite Fujifilm Corp. v. Benum, an opinion issued by the Federal Circuit on May 27, 2010. The Commission has allowed additional briefing to discuss the relevance and effect of that case.

Investigation 337-TA-723 Instituted, Covering Inkjet Cartridges with Printheads and Components

The Commission issued a Notice instituting a section 337 investigation entitled Certain Inkjet Ink Cartridges with Printheads and Components Thereof, Inv. No. 337-TA-723. The complainants are Hewlett-Packard Company and Hewlett-Packard Development Company, L.P. The respondents are MicroJet Technology Co., Ltd., Asia Pacific Microsystems, Inc., Mipo Technology Ltd., Mipo Science & Technology Co., Ltd., Mextec d/b/a Mipo America Ltd., Sino Time Technologies, Inc. d/b/a All Colors, and PTC Holdings Ltd. The investigation involves allegations of violations of section 337 based upon infringement of U.S. Patent Nos. 6,234,598, 6,309,053, 6,398,347, 6,412,917, 6,481,817 and 6,402,279.

Appro International Terminated From Investigation No. 685 Pursuant to Consent Order

ALJ Charneski granted a joint motion to terminate Appro International, Inc. ("Appro") based on a consent order stipulation from the investigation in Inv. No. 337-TA-685Certain Flash Memory and Products Containing Same. The joint consent stipulation provides in part that Appro shall not sell, offer for sale, or import into the United States or "knowingly aid, abet, encourage, participate in, or induce" importation, sale or offer for sale for importation, or use in the United States of any accused Appro product or infringing Appro product. After finding that the termination of Appro was in the public interest, ALJ Charneski granted the joint motion.

Joint Motion to Terminate (.PDF)

Commission Affirms Finding Of No Violation in Inv. No. 666

After review, the Commission affirmed the Initial Determination of no violation of Section 337 in Inv. No. 337-TA-666, Certain Cold Cathode Fluorescent Lamp ("CCFL") Inverter Circuits and Products Containing Same. The Commission reviewed two findings in the Initial Determination, namely, (1) the finding that certain Microsemi products infringe the asserted claims of U.S. Patent No. 7,417,382 and (2) the finding that Complainant, O2 Micro, has not satisfied the domestic industry requirement. The Commission, upon review, reversed the ALJ's findings in both respects. The Commission held that the Microsemi products do not infringe the '382 patent and that O2 Micro has satisfied the domestic industry requirement. A Commission opinion will issue shortly.

Commission Notice of Final Determination (.PDF)

Parties Jointly Move to Terminate Investigation No. 707 Upon Settlement Agreement

On June 18, 2010, Complainants Infineon Technologies AG and Infineon Technologies North America Corp. filed a Joint Motion to Terminate the Investigation Upon Settlement Agreement with all remaining respondents, in Certain Dynamic Random Access Memory Semiconductors and Products Containing Same Including Memory Modules, Inv. No. 337-TA-707. The parties seek to have ALJ Essex terminate the investigation based upon the confidential Patent Cross-License Agreement and Patent Assignment Agreement submitted confidentially.

Hewlett-Packard Requests Withdrawal of Claims From Printer Ink Investigation

Hewlett-Packard Co. ("HP") filed a motion for partial termination based on the withdrawal of claims 7 and 10 of U.S. Patent No. 6,089,687 (" '687 Patent") and claims 2 and 3 of U.S. Patent No. 6,264,301 (" '301 Patent") in Inv. No. 337-TA-691, Certain InkJet Ink Supplies and Components Thereof. On March 7, 2010 HP filed a motion for summary determination that a domestic industry exists and that there have been violations of Section 337 by seven defaulting respondents. The Commission Investigative Staff's response concluded that the motion should be granted with respect to claims 6 and 7 of the '687 Patent and claims 1, 5, and 6 of the '301 Patent. The Staff, however, concluded that HP's motion should be denied as to claims 7 and 10 of the '687 Patent and claims 2 and 3 of the '301 Patent. Today's motion seeks to remove those claims from the Investigation.

Unopposed Motion to Terminate Investigation as to Certain Claims (.PDF)

Motorola and RIM File Joint Motion To Terminate Investigation

Motorola and RIM filed a joint motion to terminate the investigation based on settlement by the parties in Inv. No. 337-TA-706, Certain Wireless Communication Server System Software, Wireless Handheld Devices and Battery Packs. The parties joint motion to terminate the investigation was expected in light of the parties' June 15, 2010 motion to suspend the procedural schedule based on settlement. The details of the settlement are unknown, as the public version of the settlement agreement, filed as an exhibit to the motion, was almost entirely redacted.

Joint Motion for Termination (.PDF)

TianRui, Barber, and Standard Car Truck Company Appeal To Federal Circuit

Respondents TianRui Group Company Ltd., TianRui Group Foundry Company, Barber TianRui Railway Supply, and Standard Car Truck Company filed an appeal to the Federal Circuit challenging the Commission determination 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. The appeal is Federal Circuit Docket No. 2010-1395, TianRui Group Co. v. ITC.

ALJ Gildea Grants Murata's Motion to Withdraw '439 Patent

ALJ Gildea granted Complainant Murata Manufacturing Co., Ltd. and Murata Electronics North America, Inc.'s ("Murata") motion to partially terminate the investigation as to U.S. Patent No. 6,377,439 B1 (" '439 patent") in Inv. No. 337-TA-692Certain Ceramic Capacitors and Products Containing Same. ALJ Gildea expeditiously granted Murata's motion (filed just two days earlier on June 15, 2010) after concluding that there were no extraordinary circumstances which would prevent the partial withdrawal of the '439 patent and that such a withdrawal will result in the conservation of public and private resources. ALJ Gildea did not mention the effect this Order would have on Respondents' pending summary determination motion regarding non-infringement of the '439 patent.

ID Granting Partial Termination with Respect to '439 Patent (.PDF)

Murata Requests To Drop Patent From Investigation No. 692

Complainant Murata Manufacturing Co., Ltd. and Murata Electronics North America, Inc. ("Murata") filed a motion with ALJ Gildea to partially terminate the investigation as to U.S. Patent No. 6,377,439 B1 (" '439 patent") in Inv. No. 337-TA-692In the Matter of Certain Ceramic Capacitors and Products Containing Same.  In its motion, Murata rerquested that the Court quickly grant its motion for partial termination with regard to the '439 patent, so that the parties can be more precise and conscise in their pre-hearing submissions due June 25, 2010. This quick consideration, Murata argues, would also likely have the effect of rendering Respondents' pending summary determination motion regarding non-infringment of the '439 patent moot.

Motion to Terminate For '439 Patent (.PDF)

Court Rejects Toyota's Motion for Leave to File Interlocutory Appeal

ALJ Essex denied Toyota Motor Corporation, Toyota Motor North America, Inc., and Toyota Motor Sales USA, Inc.'s ("Toyota") Motion for Leave to File an Application for Interlocutory Review of the Court's Order finding that Complainant Paice LLC's claims were not barred under the doctrine of claim preclusion in Inv. No. 337-TA-688Certain Hybrid Electric Vehicles and Components Thereof. The ALJ's previous order held that the doctrine of claim preclusion did not apply because Paice was unable to seek an exclusion order as a form of relief in the previous district court proceedings. ALJ Essex rejected Toyota's policy argument questioning "whether a patentee that fails to secure an injunction in district court should automatically be permitted to try to secure that same relief at the ITC of the same claim." The Court, instead, held that Toyota's characterization of the Court's Order "improperly . . .broadened the scope of the decision." The Court further found that given the established procedural schedule, the grant of an interlocutory appeal would, in all likelihood, not materially advance the ultimate completion of the investigation.

Order Denying Motion (.PDF)

Motion of B&R Plastics to Terminate Investigation Granted

ALJ Bullock granted B&R Plastics Inc.'s motion to terminate the investigation via withdrawal of the Complaint in Inv. No. 337-TA-693Certain Foldable Stools. The motion was not opposed by the Respondents, except that Respondents requested the Court delay its ruling on the motion to terminate until after the Court ruled on Respondents' request for sanctions. The Court found that there were no extraordinary circumstances which would prevent termination of the investigation. The Court further found that the Respondents' request for leave to file a motion for sanctions failed to comply with Commission Rules 210.15, 210.4, and Ground Rule 3.2. The Court went on to grant Complainant's motion to terminate the investigation based on the withdrawal of its Complaint.

Motion To Withdraw Complaint and Terminate Investigation (.PDF)

RIM and Motorola Request Suspension of Scheduled Based on Settlement Agreement

RIM and Motorola filed a joint motion with ALJ Gildea to suspend the procedural schedule in Inv. No. 337-TA-706, Certain Wireless Communication Server System Software, Wireless Handheld Devices and Battery Packs. The joint motion states that RIM and Motorola have executed settlement documents "resolving pending disuptes in this jurisdiction and others" and that a motion to terminate the investigation will be filed "within the next few days." The terms of the agreement were not disclosed in the motion to suspend the procedural schedule.

Joint Motion To Suspend Procedural Schedule (.PDF)

eInstruction Corporation Files Complaint

A new complaint, 337-TA-2740, was filed today by eInstruction Corporation. While the complaint is not yet publicly available, the Complaint names Promethean Inc., (Alpharetta, GA) and Promethean Technology (China) as the proposed respondents. The Complaint alleges that the respondents are engaged in unfair competition with regard to certain collaborative system products and components thereof.

 

ITC Issues Notice of Investigation In Matter of Biometric Scanning Devices

The International Trade Commission issued a notice of investigation on Friday, June 11, 2010 in Inv. No. 337-TA-720, In the Matter of Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same. The notice is in response to a Complaint filed by Cross Match Technologies, Inc. on May 11, 2010, as amended on May 26, 2010. The Complaint alleges that proposed respondents, Suprema, Inc. (Korea), and Mentalix, Inc. (Plano, TX) infringe U.S. Patent Nos. 5,900,993; 6,483,932; 7,203,344; and 7,277,562. In a separate notice, Chief Judge Luckern was named the preciding administrative judge for the investigation.

Notice of Investigation (.PDF)

New Complaint 337-TA-2739 Filed

Complaint 2739 was filed today, listing as complainant Radio Detector, Ltd.  The proposed respondents are Vivax-Metrotech Corp., SebaMKT and Leidi Utility Supply, Ltd.  The proposed products are underground cable and pipe locators.
 

No Evidence ITC Can Issue Letters Rogatory Under the Inter-American Convention on Letters Rogatory

ALJ Essex denied Sony’s request for approval of a request for international judicial assistance in obtaining evidence from Taiwanese third parties. Sony argued that the Commission and the ALJ have authority to issue letters rogatory under the Inter-American Convention on Letters Rogatory. ALJ Essex held that, while the Commission and the ALJs may have referred to themselves as tribunals in the past, the Commission is not a “tribunal” as defined by the Inter-American Convention on Letters Rogatory. It was further determined to be unclear whether Taiwan was a party to that Convention. Lastly, APJ Essex held that Sony had failed to show that traditional means of discovery (interrogatories, requests for production, subpoenas, etc.) were insufficient to obtained the requested discovery. International judicial assistance is appropriate only after exhausting traditional means of discovery.  (PDF)

Tags:

ALJ Disqualifies Counsel for Complainant in 337-TA-710

ALJ Charneski has issued an order granting Respondent Nokia Corporation's motion to disqualify Adduci, Mastriani & Schaumberg LLP from appearing as counsel for complainants Apple, Inc. and NeXT Software, Inc.  The investigation is 337-TA-710Certain Personal Data and Mobile Communications Devices and Related Software.  The order is currently confidential; a public version is expected within the next few days.

New Complaint 337-TA-2738 Filed

Complaint 2738 was filed today, listing as complainant Batesville Services, Inc.  The proposed respondent is Ataudes Aguilares, S. de R.L. de C.V., Mexico, and the proposed products are caskets.

Summary Judgment of Invalidity Denied in 337-TA-692

ALJ Gildea denies Respondents and Staff’s motions for summary determination of invalidity of one asserted patent claim because issues of fact exist.  (PDF)

LG Electronics, Inc. Meets Domestic Industry Prong

ALJ Gildea enters an initial determination that LG Electronics, Inc. (“LG”) met the economic prong of the domestic industry requirement. LG offered evidence relating to its U.S.-based wholly owned subsidiary’s service, repair and support work for LCD and plasma televisions in the United States. LG also selected six LCD television models and three plasma television models as representative samples of products practicing the asserted patents. Respondents argued that LG’s selection of representative samples was insufficient to demonstrate an economic industry. ALJ Gildea disagreed and found that there is no need to show that large quantities of representative products are involved to show that an investment is substantial. ALJ Gildea further found that LG’s evidence involving service of the LG products, such as, phone calls, repair orders, warranty claims, and return authorizations was not objectionable even though LG could not apportion each employee’s time related directly to the representative products. In addition, figures relating to customer calls, return authorizations, technical calls, and product repairs and refurbishments evidence domestic activities relating to the employment of labor and capitol.  (PDF)

Commission Upholds Attorneys' Fees Award But Reduces the Amount Awarded Because of Insufficiently Explained Mixed Entry Bills

The Commission agreed that Magotteaux was entitled to attorney’s fees as a result of the defaulting Respondents failure to provide discovery during the investigation (a tactic that led to a finding of default and entry of a limited exclusion order). The Commission held that, under Commission Rule 210.33(c), Magotteaux may only recover those attorney’s fees incurred as a result of the defaulting Respondents failure to comply with an order to permit or provide discovery. The only actions Magotteaux took in response to the defaulting Respondents failure to provide discovery related to the default motions filed by the Investigative Attorney and Magotteaux. As a result, Magotteaux could only recover attorney’s fees for such activities. The Commission reduced the award sought by Magotteaux because (1) certain activities in the submitted billing records occurred before the relevant discovery order and (2) Magotteaux failed to carry its burden to show what portion of the mixed billing entries should properly be apportioned to the default motions.  (PDF)

ALJ Gildea Denies Motions By Respondents and Staff for Summary Determination of Invalidity in 337-TA-692

ALJ Gildea has released the public version of his denials of a summary determination that one of the claims at issue in 337-TA-692, Certain Ceramic Capacitors and Products Containing The Same, is invalid.  Both the respondents and the OUII Staff had moved, based on different pieces of prior art, that the claims at issue in the investigation were invalid based on either anticipation or obviousness.  In the two denials the ALJ disagreed, finding that the Staff's motion contained a number of factual statements that were either wrong, or at the least established the existence of a genuine dispute concerning a material fact.  The ALJ also found that the complainant's response to the respondents' motion either failed to meet the clear and convincing evidence standard, or established there was a genuine dispute concerning the references set forth by respondents.

Denial of Motion for Summary Determination of Invalidity #1 (.PDF)

Denial of Motion for Summary Determination of Invalidity #2 (.PDF)

ALJ Finds LG Satisfies Economic Prong of Domestic Industry Requirement in 337-TA-687

ALJ Gildea released the public version of his initial determination that Complainant LG has satisfied the economic prong of the domestic industry requirement in 337-TA-687, Certain Video Displays, Components Thereof, and Products Containing Same. The ALJ determined that LG's investments in servicing, repair and support satisfied the requirement that there must be an industry in the United States protected by the patents at issue, and rejected the respondent's arguments that a selection of representative products could not be used to satisfy the domestic industry requirement, and that additional discovery was necessary to rebut LG's factual contentions.

ID Granting Summary Determination Satisfying Economic Prong of Domestic Industry Requirement (.PDF)

Commission Grants Reduced Attorney's Fees to Complainant In 337-TA-644

The Commission has adopted the recommendation of ALJ Essex that Complainants Magotteaux International and Magotteaux Inc. receive their attorneys fees from respondents AIA Engineering and Vega Industries in 337-TA-644, Certain Composite Wear Components and Products Containing Same.  The Commission determined that the repondents' behavior, including refusing to make witnesses available for deposition and notifying the ALJ that it would no longer participate in the investigation, constituted abuse of process and warranted sanctions in the form of attorneys fees.  However, the Commission found that not all of the itemized entries submitted by the Complainants to the ALJ actually represented costs related to the respondents' behavior, and lowered the total amount of attorney's fees granted by 25%.  One Commissioner dissented from the decision, arguing that reasonable fees in this case should have been awarded on a value-based services or a flat fee model, rather than the per-hour model adopted by the majority.

Commission Opinion (.PDF)

Commission Declines Review of Amendment to Notice of Investigation and Settlement Agreement in 337-TA-691, Terminates Investigation

The Commission took two actions in 337-TA-691 today.  The Commission declined review of an initial determination by ALJ Essex granting an initial determination terminating the investigation as to respondent InkForSale.net, the remaining respondent in the investigation, based on a settlement agreement.  The Commission also agreed to amend the notice of investigation to reflect that Complainant Hewlett-Packard asserted two additional claims of U.S. Patent No. 7,104,630.

Notice Declining Review of ID Terminating Investigation (.PDF)   

Notice Declining Review of ID Amending Notice of Investigation (.PDF)

ALJ Bullock Partially Terminates Inv. No. 708 Based on Consent Order

ALJ Bullock has issued an initial determinating terminating Inv. No. 337-TA-708, Certain Stringed Musical Instruments and Components Thereof (II), as to Floyd Rose Guitars, Floyd Rose Marketing, Inc., Davitt & Hanser Music Co., and Ping Well Industries based on a consent order.  The remaning respondents are Ibanez, Inc. (Hoshino) US and Ibanez, Inc. (Hoshino) Japan, Ltd.

ID Granting Joint Motion To Terminate Investigation (.PDF)

HP Drops Two Patents From 337-TA-691

ALJ Essex has filed an initial determination granting Complainant Hewlett-Packard's motion to terminate Inv. No. 337-TA-691, Certain Inkjet Ink Supplies and Components Thereof, with repsect to U.S. Patent Nos. 6,959,985 and 7,104,630.

ID Terminating Investigation As To Two Patents (.PDF)

Procedural Schedule Set in 337-TA-717

ALJ Rogers has set the procedural schedule in Inv. No. 337-TA-717, Certain Digital Imaging Devices and Related Software.  The hearing is set to begin January 31, 2011, with an initial determination date of May 18, 2011 and a target date of September 19, 2011.

Procedural Schedule (.PDF)

Procedural Schedule Set in 337-TA-716

ALJ Charneski has set the procedural schedule in Inv. No. 337-TA-716, Certain Large Scale Integrated Semiconductor Chips and Products Containing Same.  The hearing has been set for February 17-25, 2011.

Procedural Scedule (.PDF)