On January 27, 2011, ALJ E. James Gildea set a target date of May 29, 2012 in Inv. No. 337-TA-756, Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same. The complainant is Schweitzer-Mauduit International, Inc. of Georgia, and the respondents are Astra Tobacco Corporation of North Carolina, delfortgroup AG of Austria, LIPtec GmbH of Germany, and Julius Glatz GmbH of Germany.
On January 26, 2011, ALJ Carl C. Charneski held that complainant Pioneer Corporation and Pioneer Electronics USA failed to establish that respondent Garmin Int’l,Inc. and Garmin Corporation infringed any of U.S. Pat. Nos. 5,365,448, 5,424,951, and 6,122,592. Inv. No. 337-TA-694, Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same. The ALJ also held that the ‘592 patent is not invalid.
On January 26, 2011, ALJ Charles E. Bullock granted complainant Vizio, Inc.’s and respondent LG Electronics, Inc. and LG Electronics, USA’s joint motion to terminate Inv. No. 337-TA-733, Certain Flat Panel Digital Televisions and Components Thereof, based on a settlement and license agreement.
On January 25, 2011, the Commission reversed ALJ Robert K. Rogers, Jr.’s final initial determination finding that respondent Oki Data Corp. and Oki Data Americas violated Section 337 by reason of infringing U.S. Pat. No. 5,863,690, in Certain Printing and Imaging Devices and Components Thereof. The complainant was Ricoh Company, Ltd., et al. Specifically, the Commission reversed the ALJ’s finding that Ricoh satisfied the economic prong of the domestic industry requirement as to the ‘690 patent. Furthermore, the Commission reversed the ALJ’s finding that certain claims of the ‘690 patent are not anticipated by prior art.
On January 24, 2010, ALJ Robert K. Rogers, Jr. found a violation of Section 337 in Certain Mems Devices & Products Containing Same, Inv. No. 337-TA-700, with respect to U.S. Pat. No. 7,364,942, but also found no violation with respect to U.S. Pat. No. 7,220,614. The complainant is Analog Devices, Inc., and the respondents are Knowles Electronics LLC and Mouser Electronics Inc. The ALJ also found that a domestic industry exists with respect to each patent.
On January 24, 2010, a complaint was filed on behalf of Sharp Corporation alleging violation of § 337 by proposed respondents AU Optronics Corp., Taiwan; Au Optronics Corporation America, Houston, Texas; BenQ America Corp., Irvine, California; BenQ Corporation, Taiwan; Haier America Trading LLC, New York, New York; Haier Group Company, China; LG Electronics Inc., Korea; LG Electronics U.S.A., Inc., Englewood Cliffs, New Jersey; SANYO Electric Co., Ltd., Japan; SANYO North America Corporation, San Diego, California; TCL Corporation, China; TTE Technology, Inc., Indianapolis, Indiana; and VIZIO, Inc., Irvine, California.
On January 24, 2010, a complaint was filed on behalf of Microsoft Corporation alleging violations of § 337 by proposed respondent TiVo Inc. of Alviso, California.
On January 24, 2011, ALJ Carl C. Charneski granted complainant eInstruction Corporation’s motion to terminate Inv. No. 337-TA-728, Collaborative System Products and Components (II), based on a settlement agreement with respondents Promethean, Inc., Promethean Technology Shenzhen, Ltd., and Promethean Limited.
ALJ Luckern granted respondents Panasonic Corporation, Panasonic of North America, Victor Company of Japan Limited, JVC America Corp., Best Buy Purchasing, LLC, BestBuy.com, LLC, and Best Buy Stores, L.P., B & H Foto & Electronics Corp., Buy.com Inc., QVC, Inc. Crutchfield Corporation, and Computer Nerds International, Inc. motion finding non-infringement of claim 1 of U.S. Patent No. 7,199,306 (‘306 patent). The commission investigative staff supported this motion. ALJ Luckern held that under the correct construction of “thickness,” there can be no literal infringement of claim 1 of the '306 patent and that complainant Freescale Semiconductor’s criticisms of the prior art printed circuit boards that were thinner than 0.35 mm during prosecution amounted to a legal disclaimer of a scope of equivalents encompassing those prior art PCBs. Accordingly, ALJ Luckern found that there can be no infringement of claim 1 of the '306 patent under the doctrine of equivalents because the Panasonic accused products fall within the scope of the disclaimer.
ALJ Essex granted summary determination for Hewlett-Packard Company (“HP) in Inv. No. 337-TA-691, In the Matter of Certain Inkjet Supplies and Components Thereof. HP moved for summary determination that a domestic industry existed and that there were violations of Section 337 by seven defaulting respondents, Mipo International Ltd., Mextec Group Inc. d/b/a Mipo America Ltd. (“Mextec”), 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., (all collectively "Defaulting Respondents"). The investigation has been terminated as to all other respondents. ALJ Essex found that the Defaulting Respondents literally infringe claims 6 and 9 of U.S. Patent No. 6,089,687 (“‘687 patent”) and claims 1, 5, and 6 of U.S. Patent No. 6,264,301 (“‘301 patent”). ALJ Essex also held that HP satisfied the domestic industry requirement and recommended a general exclusion order, a cease and desist order against Mextec, and a bond of 100%. ALJ Essex also granted HP’s unopposed motion to terminate the investigation as to claims 7 and 10 of the ’687 patent and claims 2 and 3 of the ‘301 patent.
ALJ Essex granted complainant Hewlett-Packard Company (“HP”)’s motion for default judgment against respondents Shanghai Angel Printer Supplies Co. Ltd., Zhuhai National Resources & JingJie Imaging Products Co. Ltd, Tatrix International, and Ourway Image Co., Ltd. in Inv. No. 337-TA-730, In the Matter of Certain Inkjet Supplies and Components Thereof. These respondents failed to respond to the Complaint and Notice of Investigation, submit discovery requests, or reply to the Order to Show Cause issued on December 8, 2010. The Commission investigative staff supported this motion.
On January 13, 2011, ALJ Charneski issued two orders setting the procedural schedule and target date in Inv. No. 337-TA-752, In the Matter of Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof. The complainants are Motorola Mobility, Inc. and General Instrument Corporation. The respondent is Microsoft Corporation. The hearing is set for September 26, 2011 to October 7, 2011, with an initial determination due by January 23, 2012 and a target date of May 23, 2012.
Horizon Hobby Inc. filed a complaint with the ITC on January 6, 2011, naming over Koko Technology Ltd. of Shenzhen, China and Cyclone Toy & Hobby of Shenzhen, China as respondents. The complaint has resulted in an ITC investigation assigned Inv. No. 337-TA-779, Certain Radio Control Hobby Transmitters and Receivers and Products Containing Same. The investigation concerns alleged infringement of claims 1-5 of U.S. Patent No. 7,391,320; U.S. Copyright Reg. No. TX-7-226-001; and U.S. Trademark Reg. No. 3,080,770.
On January 14, 2011, ALJ Gildea released the public version of two orders dated January 4, 2011 denying motions for summary determination filed by respondent in Inv. No. 337-TA-712, Certain Digital Set-Top Boxes and Components Thereof. In the first motion, respondent alleged that a single claim of an asserted patent was invalid under 35 U.S.C. 102 as anticipated by a prior U.S. patent. The complainant and staff attorney opposed the motion. The dispute centered on the scope of the allegedly novel step of "transforming the data processing network information from the network format … to a television format" and which components perform that step. ALJ Gildea, confirming that he would not construe claims prior to the hearing on the merits, found that genuine material issues of disputed fact prevented a finding of summary determination.
In the second motion, respondent sought a summary determination that complainants failed to satisfy the importation requirement of section 337 and failed to tie any importation to alleged acts of infringement. Regarding importation, respondent argued that it contracted with a third-party for the manufacture and importation of the accused product, and thus it does not import the products. Regarding nexus, respondent argued that there can be no nexus because infringement requires end-use, and, according to respond, no evidence of use had been submitted. Complainant and the staff attorney opposed the motion. The ALJ found that genuine issues of material fact remain in dispute such that a trial on the merits is warranted.
ALJ Rogers denied Hewlett-Packard Co. and Hewlett-Packard Development Co., L.P. ("HP")'s motion to compel the production of documents by third party Ruben Pena in In the Matter of Certain Inkjet Ink Cartridges with Printheads and Components Thereof, Inv. No. 337-TA-723. In his order Rogers found that HP's motion was procedurally deficient since an ALJ cannot compel a third party witness to produce documents in response to a subpoena. Rather, the Commission Rules require the ALJ certify a request to the commission for judicial enforcement of a subpoena and the Commission then determines if it will seek judicial enforcement of the subpoena. Since HP's motion did not include a request for judicial enforcement nor include a copy of the subpoena as required, Rogers denied the motion.
ALJ Charneski modified the procedural schedule in In the Matter of Certain Large Scale Integrated Circuit Semiconductor Chips and Products Containing Same, Inv. No. 337-TA-716. The new schedule sets Jan. 14, 2011 as the expert discovery cutoff; Jan. 18, 2011 as the date on which objections to direct exhibits and the submission of rebuttal exhibits are due; and Jan. 24, 2011 as the date on which objections to rebuttal exhibits are due.
ALJ Gildea denied a motion filed by respondent Cablevisioin Systems Corp. ("Cablevision") for summary determination that no accused product infringes U.S. Pat. Nos. 6,367,078 and 7,561,214 in In the Matter of Certain Digital Set-Top Boxes and Components Thereof, Inv. No. 337-TA-712. In his order Gildea found that summary determination is not appropriate. The parties dispute the correct interpretation of the claims and "without an agreed construction for the claim terms, [Movant] has not demonstrated that it is 'entitled to a summary determination as a matter of law.'"
ALJ Essex set the target date and proposed procedural schedule for the investigation In the Matter of Certain Mobile Devices and Related Software, Inv. No. 337-TA-750. In his order Essex set March 30, 2012 as the target date for this investigation. Essex's order requests that the parties submit proposed procedural schedules based on this target date and indicates that the hearing in this investigation will begin Sept. 26, 2011.
Respondents General Protecht Group, Inc. ("Protecht") and Wenzhou Trimone Science & Technology Electric Co., Ltd. ("Trimone") filed a petition with the Commission to rescind in part the limited exclusion order in In the Matter of Certain Ground Fault Circuit Interrupters and Products Containing Same, Inv. No. 337-TA-615. Protecht and Trimone's request is in response to the Federal Circuit decision in GPG v. ITC, 619 F.3d 1303 (Fed. Cir. Aug. 27, 2010), reh'g denied, (Fed. Cir. Dec. 14, 2010), mandate issued (Fed. Cir. Dec. 21, 2010) reversing the ITC's finding of infringement.
ALJ Rogers granted a joint request by the parties to offer into evidence without a sponsoring witness copies of the asserted patents, their prosecution histories, their assignment records, and the parties' Joint Statement of Proposed Claim Construction in In the Matter of Certain Inkjet Ink Cartridges with Printheads and Components Thereof, Inv. No. 337-TA-723. Rogers denied the parties joint request to admit deposition designations and counter-designations as premature because the parties had not yet designated deposition testimony. Rogers further denied the parties joint request to admit discovery responses without a sponsoring witness and without a specific showing that each response is relevant and material. Rogers denied the request by APM to admit certain other documents because HP objected to their admission and Ground Rule 9.4.13 only allows admission without a sponsoring witness "[i]f all of the parties participating in the hearing stipulate." Finally, Rogers denied a joint request by the parties to admit any exhibit for which no party submits any objection because the request runs counter to the purpose of Ground Rule 9.4.13.
ALJ Gildea ordered that certain requested exhibits--the asserted patents, their file histories, and assignment records, may be offered into evidence without a supporting witness in In the Matter of Certain Digital Set-Top Boxes and Components Thereof, Inv. No. 337-TA-712. Gildea found that the patents, file histories, and assignment records were non-controversial and unobjectionable and, thus, met one of the exceptions to the general rule requiring a sponsoring witness. Gildea denied Complainant's request to admit additional exhibits without a sponsoring witness because the Complainant failed to demonstrate those proposed exhibits were non-controversial.
ALJ Essex granted a motion filed by complainants Hewlett-Packard Co. and Hewlett-Packard Develpment Co., L.P. (collectively "HP") to terminate the investigation as to respondents Mipo International Ltd. and Shenzhen Print Media Co., Ltd. on the basis of withdrawing the allegations against those respondents in In the Matter of Certain Inkjet Ink Supplies and Components Thereof, Inv. No. 337-TA-730.
ALJ Gildea set the procedural schedule in In the Matter of Certain Products Containing Interactive Program Guide and Parental Controls Technology, Inv. No. 337-TA-747. The procedural schedule entered by Gildea sets March 26, 2012 as the target date for the investigation and the hearing is scheduled for September 7-16, 2011.
The Commission determined not to review an initial determination terminating TENGA Co., Ltd. and One Up Innovations, Inc. based on a consent order in In the Matter of Certain Devices Having Elastomeric Gel and Components Thereof, Inv. No. 337-TA-732. No party filed a petition for review of the initial determination.
The Commission determined not to review an initial determination that the importation requirement was satisfied in In the Matter of Certain Digital Imaging Devices and Related Software, Inv. No. 337-TA-717. No party filed a petition for review of the initial determination.
The commission decided not to review the ALJ determination to consolidate Investigation Nos. 337-TA-741 with 337-TA-749. The ALJ consolidated the two investigations because they involved the same complainants and, according to the ALJ, had significant issues in common. The target date for the 337-TA-741 investigation is extended to March 29, 2012 to coincide with the target date for completion of the 337-TA-749 investigation. None of the parties petitioned for review of the ALJ's initial determination.
Complainant eInstruction Corp. filed a motion to terminate the Investigation based on a settlement agreement between eInstruction and Promethean Inc., Promethean Technology Shenzhen Ltd., and Promethean Ltd. (collectively "Promethean") in In the Matter of Certain Collaborative System Products and Components Thereof (II), Inv. No. 337-TA-728. The specific terms of the settlement agreement were redacted from the public version of eInstruction's motion.
ALJ Charneski extended the target date by two months in In the Matter of Certain Personal Data and Mobile Communications Devices and Related Software, Inv. No. 337-TA-710. The hearing date for this investigation is set for April 18 - May 6, 2011 and the new target date is December 6, 2010.
ALJ Essex issued an initial determination granting BTG International ("BTG") and Samsung Electronics Co., Ltd, Samsung Electronics America, Inc., Samsung Semiconductor, Inc., and Samsung Telecommunications America, LLC (collectively "Samsung") joint motion to terminate the investigation based on a settlement agreement in In the Matter of Certain MLC Flash Memory Devices and Products Containing Same, Inv. No. 337-TA-683. The specific terms of the settlement agreement were redacted from the public version of the initial determination.
ALJ Essex issued an initial determination granting Chimei Innolux Corp., Chi Mei Optoelectronics USA, Innolux Corp. (collectively "CMI") and Sony Corp., Sony Corp. America, Sony Electronics, Inc., and Sony Computer Entertainment America, LLC (collectively "Sony") joint motion to terminate the investigation based on a settlement agreement in In the Matter of Certain Liquid Crystal Display Devices and Products Interoperable with the Same, Inv. No. 337-TA-737. The specific terms of the settlement agreement were redacted from the public version of the initial determination.
ALJ Charneski granted Samsung Electronics Co., Ltd's motion and found respondent Shenzhen Egreat Co., Ltd. ("Shenzhen") in default in In the Matter of Certain Flash Memory and Products Containing Same, Inv. No. 337-TA-685. Shenzhen failed to respond to ALJ Charneski's earlier order directing Shenzen to show cause why it should not be found in default after failing to respond to the investigation. Due to Shenzhen's failure to respond to the order to show cause ALJ Charneski entered an initial determination finding Shenzhen in default under 19 C.F.R. § 210.16.
On December 30, 2010, a complaint was filed on behalf of Gaumard Scientific Co., Inc., requesting an investigation into the importation of birthing simulators in violation of § 337. The proposed respondents Shanghai Honglian Medical Instrument Development Co., Ltd., (d/b/a General Doctor) and Shanghai Evenk International Trading Co., Ltd.
Sony Corporation filed a letter on December 28, 2010, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Mobile Telephones. The proposed respondents are: LG Electronics, Inc.; LG Electronics U.S.A., Inc.; and LG Electronics Mobilecomm U.S.A., Inc.
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