On December 27, 2010, the Commission declined review of ALJ Luckern's initial determination terminating certain patent claims from Inv. No. 337-TA-720, Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same. The seventeen patent claims were terminated at the request of the complainant, Cross Match Technologies, Inc.
On December 23, 2010, ALJ Robert K. Rogers issued an initial determination of infringement of claims 2-6 and 8 of U.S. Pat. No. 7,364,942 by respondents Knowles Electronics LLC. ALJ Rogers also determined that there was non-infringement of claim 1 of the '942 patent, as well as non-infringement of U.S. Pat. No. 7,220,614. In the Matter of Certain MEMS Devices and Products Containing the Same, Inv. No. 337-TA-700. The complainant is Analog Devices, Inc.
On December 23, 2010, ALJ Carl C. Charneski terminated Inv. No. 337-TA-740, Certain Toner Cartridges and Components Thereof, as to respondent Print-Rite Holdings Ltd. based on a settlement agreement with complainant Lexmark International, Inc.
On December 23, 2010, a complaint was filed on behalf of Microsoft Corporation, alleging violations of § 337 by proposed respondents Datel Design and Development Inc. of Clearwater, FL, Datel Design and Development Ltd. of Staffordshire, United Kingdom, Datel Direct Ltd. of Staffordshire, United Kingdom, Datel Holdings Ltd. of Staffordshire, United Kingdom, and Datel Electronics Ltd. of Staffordshire, United Kingdom. The asserted patent is U.S. Pat. No. 7,787,411 entitled Gaming Console Wireless Protocol for Peripheral Devices. For domestic industry purposes, Microsoft alleges that its Xbox 360 system practices the ‘411 patent.
On December 22, 2010, ALJ Gildea issued an Initial Determination of no violation of Section 337 by respondents Samsung Electro-Mechanics Co., Ltd. and Samsung Electro-Mechanics America, Inc., in Inv. No. 337-TA-692, Certain Ceramic Capacitors and Products Containing Same. The ALJ further held that a domestic industry exists that practices the asserted patents. The complainants are Murata Manufacturing Co., Ltd. and Murata Electronics North America, Inc.
On December 22, 2010, ALJ Carl Charneski issued the public version of his Order denying respondents Spansion, LLC and Spansion, Inc.’s motion for summary determination that the asserted claims of U.S. Pat. No. 5,740,065 are not infringed or, in the alternative, invalid for indefiniteness. Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same. In support of his decision, the ALJ cited conflicting testimony between the parties’ experts. The complainant is Samsung Electronics Co., Ltd.
On December 22, 2010, ALJ Paul J. Luckern granted complainant Elan Microelectronics Corporation’s motion to terminate Inv. No. 337-TA-714, Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens, with respect to claim 10 of U.S. Pat. No. 5,825,352, due to Elan’s desire to “streamline and simplify” the issues in the Investigation. The respondent is Apple, Inc.
On December 22, 2010, ALJ Carl Charneski issued the public versions of two initial determinations granting summary determination that the Alpine and D-Link downstream respondents have met the importation requirement in Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same. In each, the ALJ noted that the two downstream respondents do not dispute that the Commission has jurisdiction over certain products that contain an accused chip and that have been imported into the United States, and therefore that there is no real dispute in substance. The complainant is Samsung Electronics Co., Ltd.
On December 22, 2010, ALJ Carl Charneski granted Complainant Data Storage Network LLC’s unopposed motion to terminate Inv. No. 337-TA-748 based on a withdrawal of the complaint due to a ruling of non-infringement in a parallel district court case, in Certain Data Storage Products and Components Thereof. The respondents are NetApp, Inc., Dell, Inc., Xyratex, Ltd., Xyratex International Inc., Xyratex (Malaysia) Sdn Bhd, Dot Hill Systems Corp., International Business Machines Corporation, Cisco Systems, Inc., and QNAP Systems, Inc.
On December 21, 2010, the commission issued the public version of ALJ Robert K. Rogers’ Nov. 22, 2010 final initial determination of no violation of Section 337 and recommended determination on remedy and bond, in Inv. No. 337-TA-695, Certain Silicon Microphone Packages and Products Containing the Same. ALJ Rogers found that no violation of Section 337 exists with respect to U.S. Pat. Nos. 6,781,231 and 7,242,089, and that no domestic industry exists that practices either patent. The complainant is Knowles Electronics LLC of Illinois, and the respondent is Analog Devices Inc. of Massachusetts.
On December 21, 2010, the Federal Circuit issued a precedential opinion affirming the Commission’s May 20, 2009 final determination of direct and contributory infringement of U.S. Pat. Nos. 5,852,326 and 6,433,419, respectively, in Inv. No. 337-TA-605, Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same. Spansion, Inc., et al. v. International Trade Commission, 2009-1460, -1461, -1462, -1465 (Fed. Cir. Dec. 21, 2010). The complainant was Tessera, Inc., and the affected respondents are Spansion, Inc., Spansion, LLC, Freescale Semiconductor, Inc., ATI Technologies, ULC, STMicroelectronics N.V., and QUALCOMM, Inc. The Federal Circuit also affirmed the Commission’s determination that the asserted claims are not indefinite.
On December 21, 2010, the Commission determined to modify a limited exclusion order and cease-and-desist orders issued in Inv. No. 337-TA-617, Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same, following the decision of the United States Court of Appeals for the Federal Circuit in Vizio, Inc. v. U.S. International Trade Commission, 605 F.3d 1330 (Fed. Cir. 2010). The complainant is Funai Electric Co., Ltd., and the affected respondents are TPV International, Inc. and Envision Peripherals, Inc. With respect to those respondents, the Federal Circuit had reversed certain Commission findings of infringement by so-called “work-around” products and ordered the Commission to take action consistent with that opinion. The Commission thus modified the previously-issued limited exclusion order and cease-and-desist orders according.
On December 20, 2010, ALJ Charles E. Bullock issued an Initial Determination in Inv. No. 337-TA-739, In the Matter of Certain Ground Fault Circuit Interrupters and Products Containing Same, granting a joint motion to termination the investigation as to respondent Ingram Products, Inc. based on a consent order stipulation. The complainant is Leviton Manufacturing Co., Inc. Pursuant to the consent order, Ingram agrees not to import into the United States, sell for importation into the United States, or sell within the United States after importation any of the ground fault circuit interrupters accused of infringing U.S. Pat. Nos. 7,463,124, 7,737,809, 7,764,151, except to the extent permitted under the Parties’ Settlement Agreement.
On December 16, ALJ Charneski issued his final determination that respondents Garmin International and Garmin Corporation do not infringe the asserted claims of '448 patent, '951 patent, and '592 patent, and that no violation of section 337 occurred in Inv. No. 337-TA-694, In the Matter of Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same.
On December 16, the Commission issued notice of its determination not to review an initial determination granting the motion to terminate Inv. No. 337-TA-718, In the Matter of Electronic Towel Dispensing Devices and Components Thereof, as to respondents Draco Hygienic Products, Vida International, Inc., New Choice (HK) Ltd., Kruger Products LP, and KTG USA LP, based on consent order stipulations.
On December 16, ALJ Rogers issued an initial determination consolidating Inv. Nos. 337-TA-741 and 337-TA-749, In the Matter of Certain Liquid Crystal Display Devices, Including Monitors, Televisions, Modules, and Components Thereof, due to the significant overlap of the investigations. The parties indicated that the procedural schedule in Inv. No. 337-TA-749 should be adopted to govern both investigations. ALJ Rogers ordered the target date of Inv. No. 337-TA-741 be moved to March 29, 2012, to coincide with the target date for completion of Inv. No. 337-TA-749.
Also on December 16, ALJ Rogers set the procedural schedule for the two consolidated investigations. The deadline for initial determination in 337-TA-741 was moved to November 29, 2011 so as to coincide with the initial determination of 337-TA-749, and March 29, 2012 as the deadline for completion of the consolidated investigation.
On December 15, Chief ALJ Luckern issued an initial determination terminating Inv. No. 337-TA-732, Certain Devices Having Elastomeric Gel and Components Thereof, as to respondents TENGA and One Up, based upon consent order stipulations and proposed consent orders agreed upon with complainant Interactive Life Forms, LLC.
On December 15, Chief ALJ Luckern set a target date of March 8, 2012 in Inv. No. 337-TA-745, Certain Wireless Communications Devices, Portable Music Data Processing Devices, and Components Thereof. Following submissions by complainant Motorola Mobility, Inc., respondent Apple, Inc. and staff attorneys, Chief ALJ Luckern determined that a sixteenth-month target date would be appropriate, given the number of patents and complexity of the technology involved.
On December 14, ALJ Charneski issued an order in Inv. No. 337-TA-740, In the Matter of Certain Toner Cartridges and Components Thereof, granting in part complainant Lexmark International's motion for an order to show cause. Under the order, respondents E-Toner Mart, Alpha Image Tech., Virtual Imaging Products, Jahwa Electronics Co., Copy Technologies Inc., Laser Toner Technology Inc., C&R Services Inc., and Union Technology International are ordered to show cause why the should be held in default by December 30, 2010.
On December 13, ALJ Charneski granted the parties' joint unopposed motion to amend the procedural schedule in Inv. No. 337-TA-710, In the Matter of Certain Personal Data and Mobile Computer Devices and Related Software. The order sets a new hearing date of between April 8 to May 6, 2011.
On December 13, the Commission issued notice of the issuance of a limited exclusion order against infringing products of respondent Ataudes Aguilares S. de R.L. de C.V. of Guadelajara, Mexico. The Commission had previously found respondent to be in default in Investigation No. 337-TA-725, In the Matter of Certain Caskets.
Remy International, Inc. filed a letter on December 9, 2010, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Starter Motors and Alternators. The proposed respondents are: Wetherill Associates, Inc., Linhai Yongci, Metric Sales & Eng’g, Wan Li Industrial Development, Inc., Yongkang Boyu Auto Motor Co., Wuxi Susan Auto Parts Co., American Automotive Parts, Inc., and Motorcar Parts of America, Inc.
On December 9, 2010, ALJ Rogers issued an Initial Determination granting a partial termination based on Apple, Inc.’s withdrawal of claims 2 and 6 of the ‘964 patent, and claims 16-22, 31-32, and 39 of the ‘911 patent in Inv. No. 337-TA-717, In the Matter of Certain Digital Imaging Devices and Related Software. Judge Rogers granted to withdrawal because there were no extraordinary circumstances and no objections.
On December 8, 2010, ALJ Gildea issued an Initial Determination granting a partial termination based on a withdrawal of the ‘036 patent in Inv. No. 337-TA-701, In the Matter of Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers. Judge Gildea granted to withdrawal because there were no extraordinary circumstances and no objections. Five patents remain at issue in the investigation.
On December 6, 2010, ALJ Rogers issued an Initial Determination terminating TSMC based on a settlement agreement in Inv. No. 337-TA-729, Certain Semiconductor Products Made By Advanced Lithography Techniques and Products Containing Same. The settlement agreement contains a license agreement whereby STC granted TSMC a perpetual, non-exclusive, worldwide, and irrevocable license to a list of U.S., Taiwanese, and Japanese Patents. Judge Roger’s order granting the termination found that the settlement agreement would not be contrary to the public interest.
Louis Vuitton Malletier S.A. and Louis Vuitton U.S. Manufacturing, Inc. filed a letter on December 3, 2010, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Handbags, Luggage, Accessories and Packaging Thereof. The proposed respondents are: T& T Handbag Industrial Co., Ltd.; Sanjiu Leather Co., Ltd. of Guangzhou; Meada Corp. (doing business as Diophy Int’l); Pacpro, Inc.; Jianyong Zheng; Alice Bei Wang; Trendy Creations, Inc.; The Inspired Bagger; and House of Bags.
On December 3, 2010, ALJ Charneski granted Samsung Electronics Co., Ltd.’s (“Samsung”) motion to terminate the investigation in part and to withdraw the allegations in its complaint as to EGreat USA in Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same. Samsung asserted that after further investigation it determined that EGreat USA is not affiliated with Shenzhen EGreat Co., Ltd.
On December 1, 2010 ALJ Bullock granted Complainant Radiodetection, Ltd. and Respondent Leidi Utility Supply (Shanghai) Ltd’s joint, unopposed motion to terminate the investigation as to Leidi Utility in Inv. No. 337-TA-727, Certain Underground Cable and Pipe Locators. This motion follows the joint motion of Complainant and Respondents Vivax Corporation, Metrotech Corporation, and SebaKMT Holding GmbH to terminate the Investigation as to all Respondents based on a settlement agreement. Although Leidi Utility is not a party to the settlement, the agreement released Leidi with respect to the allegations of patent infringement against it in this investigation.
On December 1, 2010 ALJ Gildea granted the motion jointly filed by Complainant and Respondents Draco Hygienic Products, Inc., Vida International Inc., New Choice (H.K.) Ltd., Kruger Products LP, and KTG USA (collectively, the “Draco Respondents”) to terminate the investigation by reason of a consent order stipulation in Inv. No. 337-TA-718, Certain Electronic Paper Towel Dispensing Devices and Components Thereof. The Commission Investigative Staff also filed a response supporting the motion.
On December 1, 2010, ALJ Gildea issued the public version of his Initial determination Granting Nokia’s Motion for Summary Determination that it has Satisfied the Economic Prong of the Domestic Industry Requirement in Inv. No. 337-TA-701, Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers. ALJ Gildea ruled that no genuine issues of material fact precluded summary determination that complainant satisfied economic prong of the domestic industry requirement through substantial investment in its exploitation, including engineering, research and development or licensing.
Rambus Inc. filed a letter on December 1, 2010, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Semiconductor Chips and Products Containing Same. The proposed respondents are: Freescale Semiconductor, Inc.; Broadcom Corp.; LSI Corp.; Mediatek Inc.; Nvidia Corp.; STMicroelectronics N.V.; STMicroelectronics Inc.; Asustek Computer Inc.; Asus Computer Int’l Inc.; Audio Partnership PLC; Biostar Microtech (U.S.A.) Corp.; Biostar Microtech Int’l Corp.; Cisco Systems, Inc.; Elitegroup Computer Systems; Evga Corp.; Galaxy Microsystems Ltd.; Garmin International; G.B.T. Inc.; Giga-Byte Tech. Co., Ltd.; Gracom Tech. LLC; Hewlett -Packard Co.; Hitachi Global Storage; Jaton Corp.; Jaton Tech. TPE; Micro-Star Int’l Co., Ltd.; MSI Computer Corp.; Motorola, Inc.; Oppo Digital, Inc.; Palit Microsystems Ltd.; Pine Tech. Holdings, Ltd; Seagate Technology; Sparkle Computer Co., Ltd.; Zotac Int’l (MCO) Ltd.; and Zotac USA Inc.
ALJ Gildea issued an order providing notice of ground rules, setting target date and setting a date for submission of a proposed procedural schedule in Inv. No. 337-TA-747, Certain Products Containing Interactive Program Guide and Parental Controls Technology. The technology tutorial will commence on September 7, 2011 followed by the hearing, which will conclude no later than September 16, 2011. ALJ Gildea set a target date of March 26, 2012, with the final initial determination due no later than November 23, 2011.
ALJ Gildea denied without prejudice Complainants Nokia Corporation and Nokia, Inc.’s (“Nokia”) unopposed motion for partial termination by withdrawal of U.S. 6,073,036 from Inv. No. 337-TA-701, Certain Electronic Devices, Including Mobile Phones, Portable Music Players and Computers. ALJ Gildea made this ruling based on Nokia’s failure to comply with Commission Rule 210.21(a), which requires a motion for termination based on withdrawal of the complaint to disclose any agreement between the parties or contain a statement that there are no agreements between the parties concerning the subject matter of the investigation.
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