ITC Blog: ITC 337 Update

Femina Pharma Inc. filed a complaint on February 25, 2011, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Vaginal Ring Birth Control Devices. The proposed respondents are: Merck & Co., Inc.; Schering Plough Corporation; Organon USA, Inc.; N.V. Organon; CVS Caremark Corporation; CVS Pharmacy, Inc.; Wal-Mart Stores, Inc.; Walgreens Co.; The Canamerican Drugs Inc.; The Canamerican Global Inc.; Canadian Med Service; Panther Meds Inc.; Canda Drugs Online; Drug World Canada; CanDrug Health Solutions Inc.; Big Mountain Drugs; BestBuy Rx.com; Blue Sky Drugs; Canada, ABC Online Pharmacy; ABC Online Pharmacy; Canadadrugs.com LP; North Drug Store; and Canada Pharmacy.  The complaint is currently pending institution. 

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On February 15, 2011, ALJ Essex issued an initial determination amending the Complaint and Notice of Investigation in Inv. No. 337-TA-753, Certain Semiconductor Chips and Products Containing Same, following a joint motion from Complainant Rambus, Inc. and Respondent Motorola, Inc. to substitute Motorola Mobility, Inc. for Motorola Inc. on the grounds that Motorola Mobility, Inc. is the entity responsible for importing the accused products for sale.

ALJ Essex further issued an order setting the target date and date for submission of proposed procedural schedules in Inv. No. 337-TA-753. Under the Order, the parties must submit proposed procedural schedules by March 1, 2011. ALJ Essex proposed a date of October 11, 2011 for a pre-hearing conference, with the hearing to commence on October 12, 2011.
 

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On February 14, 2011 Chief ALJ Luckern issued an order rescheduling the hearing in Inv. No. 337-TA-739, Certain Components for Installation of Marine Autopilots with GPS or IMU, for July 12-15 and 18, 2011, with a pre-hearing conference to take place on July 12.

The complainant is American GNC. Respondents are Furuno Electronics Co., Furuno USA, Inc., Navico Holding AS, Navico UK, Ltd., Navico Inc., Flir Systems Inc., Raymarine UK Ltd., and Raymarine Inc.

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In a confidential order on February 11, 2010, Judge Rogers made an Initial Determination granting the Respondents’ – Nintendo Co., Ltd and Nintendo of America, Inc. – motion for Summary Determination that the economic prong of the domestic industry requirement was not met by the Complainant Motiva, LLC in Investigation No. 337-TA-743, In the Matter of Certain Video Game Systems and Controllers. Judge Rogers then terminated the investigation.

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The International Trade Commission issued an opinion on February 10, 2011 temporarily rescinding the limited exclusion order and cease and desist order against AIA from Investigation No. 337-TA-644 in light of a U.S. District Court decision finding the sole patent covered invalid.  The Commission stated that it will either reinstate the orders or make the rescission permanent based on the outcome of the appeal of the district court’s decision.

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On February 10, 2011, ALJ Rogers issued an order setting the procedural schedule and target date in Investigation No. 337-TA-755, In the Matter of Certain Starter Motors and Alternators. The hearing is set to begin November 14, 2011, with an initial determination due by January 18, 2012 and a target date of May 18, 2012.

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Sony Corporation filed a letter on February 9, 2011, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Display Devices Including Digital Televisions and Monitors. The proposed respondents are: LG Electronics, Inc. and LG Electronics USA Inc.

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ALJ Luckern set the target date for Investigation No. 337-TA-754, In the Matter of Certain Handbags, Luggage, Accessories and Packaging Thereof.  In his order, Judge Luckern set February 20, 2012 as the target date for the investigation, with a final initial determination due by October 19, 2011 and the hearing scheduled for August 15 through 19.

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LG Electronics Inc. filed a letter on February 4, 2011, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Digital Televisions and Components Thereof.  The proposed respondents are: Sony Corporation, Sony Corporation of America, and Sony Electronics, Inc.

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LG Electronics Inc. filed a letter on February 4, 2011, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Electronic Devices Having a Blu-Ray Disc Player and Components Thereof.  The proposed respondents are: Sony Corporation, Sony Corporation of America, Sony Electronics, Inc., Sony Computer Entertainment Inc, and Sony Computer Entertainment America LLC.

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ALJ E. James Gildea issued an Initial Determination on February 4, 2011 moving the target date from August 22, 2011 to September 13, 2011 in Inv. No. 337-TA-712, Certain Digital Set-Top Boxes and Components Thereof. The complainants are Verizon Communications, Inc. and Verizon Services Corp. and the respondent is Cablevision Systems Corp.

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On February 2, 2011, ALJ Charles E. Bullock granted complainant Leviton Manufacturing Co., Inc.’s motion for an order directing respondent Littman Brothers Energy Supplies, Inc. (“Littman”) to show cause why it should not be found in default for failure to respond to the complaint and notice of investigation in Inv. No. 337-TA-739, Certain Ground Fault Circuit Interrupters and Products Containing the Same. The order specified that Littman has until the close of business on Wednesday, February 16, 2011 to respond.

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On February 2, 2011, ALJ Carl C. Charneski found respondents Ninestar Image Co. Ltd., Ninestar Image Int’l Ltd., Seine Image International Co. Ltd., Ninestar Technology Company, Ltd., Ziprint Image Corporation, and Nano Pacific Corporation in default in Inv. No. 337-TA-740, Certain Toner Cartridges and Components Thereof. ALJ Charneski’s order finding respondents in default was made in response to said respondents’ motion for default. The complainant in this investigation is Lexmark International Inc.

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On February 2, 2011, ALJ Charles E. Bullock issued an initial determination setting a target date of August 2, 2012 in Inv. No. 337-TA-758, Certain Mobile Telephones and Modems. The complainant in this investigation is Sony Corporation. The respondents include LG Electronics LG Electronics, Inc., LG Electronics U.S.A., Inc, and LG Electronics Mobilecomm U.S.A., Inc.

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On February 1, 2011, ALJ Charneski issued an initial determination finding Nectron International Inc. (“Nectron”) in default in Inv. No. 337-TA-740, Certain Toner Cartridges and Components Thereof. This initiation determination was in response to Nectron’s earlier filed notice electing to default. The investigation continues against the remaining respondents.

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On January 31, 2011, ALJ Carl C. Charneski granted the parties’ joint motion to suspend all procedural deadlines in Inv. No. 337-TA-716, Certain Large Scale Integrated Circuit Semiconductor Chips and Products Containing Same. The complainant in this investigation is Panasonic Corp. and the respondents are Freescale Semiconductor Japan, Ltd., Freescale Semiconductor Malaysia Sdn. Bhd., Freescale Semiconductor Taiwan Ltd., Freescale Semiconductor, Inc., Mouser Electronics, Inc., Motorola Inc., Freescale Qiangxin (Tianjin) IC Design Co., Ltd., Freescale Semiconductor (China) Limited, Newark Electronics Corporation, and Newark Corporation.

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In response to complainant Interactive Life Forms, Inc. (“ILF”) motion to terminate Inv. No. 337-TA-732, Certain Devices Having Elastomeric Gel and Components Thereof, Chief ALJ Paul J. Luckern made the initial determination to terminate the investigation in its entirety on January 31, 2011. The remaining respondent was Polydigitech, Inc. ILF did not seek entry of any relief against defaulting respondent Satistec, LLC.

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On January 31, 2011, respondent Acecom, Inc. – San Antonia (d/b/a inksell.com) submitted a notice of election to default in Inv. No. 337-TA-740, Certain Toner Cartridges and Components Thereof. The complainant in this investigation is Lexmark International, Inc.

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On January 31, 2011, ALJ Carl C. Charneski granted complainant Invacare Corporation’s motion to amend the complaint in Inv. No. 337-TA-734, Certain Adjustable-Height Beds and Components Thereof. The amended complaint adds, as respondents, A&E Industry Co. Ltd., Zongshan A&E Machinery Industry Co., and A&E (Nice) International Co., Ltd. The other respondents in this investigation include Medical Depot, Inc. d/b/a Drive Medical Design and Manufacturing and Shanghai Shunlong Physical Therapy Co., Ltd.

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On January 31, 2011, a complaint was filed on behalf of Graco Children’s Poducts Inc. alleging violation of § 337 by proposed respondent Baby Trend, Inc. of Ontario, California. Complainant alleges that importation into the U.S., offers for sale, and sale and use of the accused products in the U.S. infringes at least the following patent claims: claims 1, 8, and 15 of U.S. Patent No. 6,669,225, claim 10 of U.S. patent No. 7,044,497, claim 1 of U.S. Patent No. 7,188,858, claim 1 of U.S. Patent No. 7,404,569, and claims 1 and 23 of U.S. Patent No. 6,510,570

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On January 28, 2011, Chief ALJ Paul J. Luckern issued an order granting a motion to suspend the procedural schedule and evidentiary hearing indefinitely as to certain respondents in Inv. No. 337-TA-709, Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras. The complainant is Freescale Semiconductor, Inc. and the respondents are Panasonic Corporation, Panasonic Corporation of North America, Funai Electric Co., Ltd, Funai Corporation, Inc., Victor Company of Japan Limited & JVC Americas Corp., Best Buy Co., Inc, B & H Foto & Electronics Corp, Huppin's Hi-fi Photo & Video, Inc., BestBuy.com LLC., Qvc. Inc., Crutchfield Corporation, Computer Nerds International, Inc., and Wal-Mart Stores, Inc. The order has been sealed as confidential.

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On January 28, 2011, ALJ Charles E. Bullock granted complainant Leviton Manufacturing Co., Inc.’s motion for partial termination of the pending investigation in Inv. No. 337-TA-739, Certain Ground Fault Circuit Interrupters and Products Containing the Same. The complainant’s granted motion to terminate the pending investigation “to the extent Leviton’s claims are based on any GFCI products made, used, offered for sale, sold or imported in the United States by Respondent General Protecht Group,” had the practical effect of dismissing the following respondents: General Protecht Group, Inc., SecureElectric Corporation and G-Techt Global Corporation. The investigation continues against the remaining respondents.

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On January 28, 2011, ALJ Carl C. Charneski issued orders to terminate both the modification proceeding and enforcement proceeding against respondents SiRF Technology, Inc., CSR plc, Pharos Science and Applications Inc., MiTAC International Corporation, and Mio Technology Limited in Inv. No. 337-TA-602, Certain GPS Devices and Products Containing the Same. The initial determination to terminate was ordered pursuant to a settlement agreement between complainants Broadcom Corporation and Global Locate, Inc. and the respondents.

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On January 28, 2011, ALJ E. James Gildea issued an initial determination to terminate in its entirety Inv. No. 337-TA-742, Certain Digital Televisions and Components Thereof. The termination was a result of a settlement agreement between complainant LG Electronics, Inc. and respondents Vizio, Inc., AmTran Technology Co., Ltd. , and AmTran Logistics, Inc.

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On January 28, 2011, the ITC issued a general exclusion order with respect to claims 6 and 9 of U.S. Patent No. 6,089,687 and claims 1, 5, and 6 of U.S. Patent No. 6,264,301, and a cease and desist order against respondent Mextec Group, Inc. d/b/a Mip America Ltd. of Miami, Florida with respect to the same claims in Inv. No. 337-TA-691, Certain Inkjet Ink Supplies and Components Thereof. These orders are a result of a complaint filed by Hewlett-Packard Company of Palo Alto, California where the seven respondents defaulted.

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On January 28, 2011, respondent IJSS, Inc. submitted its notice of election to default in Inv. No. 337-TA-740. The investigation was brought by complainant Lexmark International, Inc.

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On January 28, 2011, ALJ Charles E. Bullock issued an order establishing the construction of disputed claim terms of the patents at issue in Inv. No. 337-TA-721, Certain Portable Electronic Devices and Related Software. The complainant is HTC Corp and the respondent is Apple Inc., a/k/a Apple Computer, Inc

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