On September 22, VIA Technologies Inc., IP-First LLC, and Centaur Technology Inc. filed a letter with Secretary Holbein requesting that the Commission conduct an investigation under section 337 regarding Certain Computing Devices with Associated Instruction Sets and Software. The proposed respondent is Apple Inc.
On September 22, S3 Graphics Co., Ltd. and S3 Graphics Inc. filed a letter with Secretary Holbein requesting that the Commission conduct an investigation under section 337 regarding Certain Electronic Devices with Graphics Data Processing Systems, Components Thereof, and Associated Software. The proposed respondent is Apple Inc.
On September 19, Apple Inc. filed an appeal with the United States Court of Appeals for the Federal Circuit, appealing the Commission decision in Inv. No. 337-TA-717, Certain Digital Imaging Devices and Related Software. ALJ Rogers found that no violation of section 337 took place on the part of Respondent Eastman Kodak Company with regard to the two patents asserted by Apple, U.S. Patent Nos. 6,031,094 and RE38,911.
On September 19, Verizon Communications, Inc. and Verizon Services Corp. filed appeals to the United States Court of Appeals for the Federal Circuit, appealing the Commission decision of no violation in Inv. No. 337-TA-712, Certain Digital Set Top Boxes and Components Thereof. In that investigation, the Commission, after granting Respondent Cablevision Systems Corp.'s request for reconsideration of its decision not to review ALJ Gildea's final initial determination finding a violation of section 337, determined that claim 13 of U.S. Patent No. 6,381,748 was invalid.
On September 21, the Commission issued notice of its determination not to review an initial determination granting Respondent BDT Solutions' motion for summary determination that no violation of section 337 occurred in Inv. No. 337-TA-746, Certain Automated Media Library Devices, due to lack of importation. The complainant is Overland Storage, Inc. of San Diego, CA.
On September 21, the Commission issued notice of its determination not to review an initial determination terminating Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effect Devices and Image Display Devices and Components and Products Containing Same, as to Respondents Optoma Corporation and Optoma Technology, Inc. based upon a settlement agreement. The complainant is Ogma, LLC.
On September 22, Acting Chief ALJ Bullock issued an order setting the procedural schedule in Inv. No. 337-TA-799, Certain Computer Forensic Devices and Products Containing the Same, based on the parties' joint revised procedural schedule. Under the schedule issued by ALJ Bullock, trial will take place May 3-9, 2012, with December 29, 2012 as the target date for completion of the investigation.
On September 21, the Commission issued notice of its determination not to review an initial determination extending the target date in Inv. No. 337-TA-721, Certain Portable Electronic Devices, and Related Software. The target date for completion of the investigation was extended by one month from January 17, 2012 to February 17, 2012.
On September 20, Acting Chief ALJ Bullock granted the parties' joint motion to amend the procedural schedule in 337-TA-565, Certain Ink Cartridges and Components Thereof. The new date for the close of discovery is October 3, 2011, and the hearing is now scheduled for November 14-17, 2011.
On September 19, the Commission issued notice of its initial determination not to review an August 25, 2011 initial determination granting a joint motion by Complainant and Respondents to terminate in its entirety Inv. No. 337-TA-765, Certain Display Devices Including Digital Televisions and Monitors II. The complainant was Sony Corp. of Japan, and the respondents were LG Electronics, Inc. and LG Electronics USA.
On September 19, the Commission issued notice of its initial determination not to review an August 31, 2011 initial determination granting a motion by Complainant Vizio, Inc. to terminate Inv. No. 337-TA-789, Certain Digital Televisions and Components Thereof, as to Respondent E & S International Enterprises, Inc. on the basis of a settlement agreement.
On September 19, Acting Chief ALJ Bullock issued an initial determination setting the target date of Inv. No. 337-TA-806, Certain Digital Televisions Containing Integrated Circuit Devices and Components Thereof. The target date is April 19, 2013, nineteen months from issuance of the notice of investigation. ALJ Bullock also issued notice of the ground rules for this Investigation in his initial determination.
On September 15, 2011, ALJ E. James Gildea issued an initial determination terminating Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Components and Products Containing Same, as to respondent Intec, Inc. due to a settlement agreement with complainant Ogma, LLC. There are eighteen remaining respondents in the Investigation.
On September 15, 2011, ALJ Theodore R. Essex set the procedural schedule in Inv. No. 337-TA-784, Certain Light-Emitting Diodes and Products Containing the Same, based on the parties joint proposed procedural schedule. The evidentiary hearing is set for April 26 – May 2, 2012, the final initial determination is due on July 9, 2012, and the target date is November 9, 2012. The complainant is Osram GmbH and the respondents are LG Electronics, Inc.; LG Innotek Co., Ltd.; LG Electronics USA, Inc.; and Innotek USA.
On September 15, 2011, the Commission determined to broadly review most of ALJ Charneski’s findings of violations, no violations, and validity in Inv. No. 337-TA-710, Certain Personal Data and Mobile Communications Devices and Related Software. The complainant is Apple, Inc. of California, et al., and the respondents are HTC Corp. of Taiwan, et al. and Exedia, Inc. of Texas. ALJ Charneski's initial determination found violations of Section 337 as to two of the four patents-in-suit, no violation as to the other two patents, and that all four patents are valid. The Commission determined to review the claim constructions for terms in each of the four patents, as well as the finding of violation for two of the patents, the finding of no violation for two of the patents, the findings on domestic industry for three of the patents, and the findings of validity as to all four patents.
On September 15, 2011, Acting Chief ALJ Charles E. Bullock issued an initial determination granting complainant Cypress Semiconductor Corp., respondent Arrow Electronics, Inc., and respondent Nu Horizons Electronics Corp.’s joint motion to terminate Inv. No. 337-TA-792, Certain Static Random Access Memories and Products Containing Same, based on a the respondents consenting not to import into the Unietd States GSI static random access memories that infringe U.S. Patent Nos. 6,534,805; 6,651,134; 7,142,477; and 6,262,937.
On September 14, 2011, ALJ E. James Gildea set the procedural schedule in Inv. No. 337-TA-797, Certain Portable Electronic Devices and Related Software. The evidentiary hearing is scheduled for August 8-24, 2012, the ALJ’s final initial determination is due November 7, 2012, and the target date is March 7, 2013. The complainant is Apple, Inc., and the respondents are HTC Corp., HTC America, Inc., and Exedea, Inc.
On September 13, 2011, in Inv. No. 337-TA-650, the Commission issued a general exclusion order following a remand from the Federal Circuit in John Mezzalingua Associates v. Int’l Trade Comm’n, 2011 U.S. App. LEXIS 8806 (Fed. Cir. Apr. 28, 2011). The Federal Circuit's opinion reversed the Commission’s prior finding of no violation due to no domestic industry. The complainant is John Mezzalingua Associates, Inc., the respondents are GEM Electronics and Fu Ching Technical Industry Co., Ltd., and the technology at issue is coaxial cable connectors. The general exclusion order prohibits the entry of unlicensed coaxial cable connectors that infringe claims 1 and 5 of U.S. Pat. No. 5,470,257.
On September 12, 2011, ALJ E. James Gildea set the procedural schedule in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers, Inv. No. 337-TA-794. The evidentiary hearing is scheduled for June 4-15, 2012, the final initial determination is due August 3, 2012, and the target date is December 3, 2012. The complainants are Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC, and the respondent is Apple, Inc.
ALJ Theodore R. Essex issued an order on September 9, 2011 directing certain Respondents to show cause why they should not be found in default by the close of business on September 23, 2011, in Certain Protective Cases and Components Thereof, Inv. No. 337-TA-780, . The order is directed at Respondents Anbess Electronics Co. Ltd., Guangzhou Evotech Industry Co., Ltd.,, Hoffco Brands, Inc. d/b/a Celltronix, Hong Kong HJJ Co., Ltd., Sinatech Industrial Co., Ltd., Suntel Global Investment Ltd., and Trait Technology (Shenzhen) Co., Ltd, all of whom have failed to respond to the Complaint and Notice of Investigation as required by 19 C.F.R. § 210.13. The order rejected a request that an order to show cause be issued to respondent ShenZhen Star & Way Trade Co., Ltd.
ALJ Theodore R. Essex issued an order setting the target date in Certain Flat Panel Display Devices, and Products Containing the Same, Inv. No. 337-TA-793. The Investigation sought by Complainants AU Optronics Corporation and AU Optronics Corporation America against Respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Best Buy Co. Inc. Brands Mart USA and AT&T, Inc. is set to conclude November 28, 2012.
On September 9, 2011 the International Trade Commission issued a notice of investigation against Respondents LG Corporation, LG Electronics, Inc., and LG Electronics, U.S.A., Inc. in Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing The Same, Inv. No. 337-TA-805. The Complainants, Industrial Technology Research Institute and ITRI International Inc., allege a violation of section 337 with respect to U.S. Patent No. 6,883,932.
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ALJ Rogers issued an order on September 8, 2011 setting the procedural schedule in Certain Light Emitting Diodes and Products Containing Same, Inv. No. 337-TA-798. The complainants are Samsung LED Co., Ltd. and Samsung LED America, Inc. The respondents include OSRAM GmbH, OSRAM Opto Semiconductors GmbH, OSRAM Opto Semiconductors, Inc. and OSRAM Sylvania Inc.
On September 7, 2011, ALJ E. James Gildea issued an Initial Determination setting a target date of May 10, 2013 for Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same, Inv. No. 337-TA-803.
On September 7, 2011, HTC Corp. submitted an amendment to its complaint filed on August 16, 2011 with the ITC. The amended complaint asserts five additional patents against the sole proposed respondent, Apple, Inc. The newly asserted patents include U.S. Patent Nos. 6,708,214, 6,473,006, 7,289,772, 6,868,283, and 7,020,849. HTC Corp. is still awaiting a decision by the Commission to institute the investigation against Apple, Inc
Acting Chief ALJ Charles E. Bullock, in light of administrative burdens related to the retirement of Chief Judge Luckern and the assumption of Judge Luckern's case load, extended the target date in Certain Portable Electronic Devices and Related Software, Inv. No. 337-TA-721, from January 17, 2012 by one month.
On September 6, 2011, ALJ Robert K. Rogers, Jr. issued an initial determination setting a target date of January 30, 2013 in Certain Light-Emitting Diodes and Products Containing Same, Inv. No. 337-TA-802.
On September 6, 2011, ALJ E. James Gildea issued an initial determination that granted a joint motion to terminate Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing the Same, as to Respondents Optoma Corporation and Optoma Technology, Inc. (collectively “Optoma”). The joint motion to terminate was based upon a settlement agreement between Complainant Ogma, LLC and the Optoma respondents. The investigation continues against the other named respondents.
On September 2, 2011, the U.S. International Trade Commission issued a notice that it will review a final initial determination (“ID”) made in Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, Inv. No. 337-TA-724. The ID to be reviewed was issued by ALJ E. James Gildea on July 1, 2011 and found a violation of section 337. The Investigation is based on a complaint by S3 Graphics Co. Ltd and S3 Graphics Inc. against a sole respondent, Apple Inc.
The Commission has requested that the parties brief thirteen separate issues, including whether the Commission has statutory authority to find a violation where direct infringement is asserted and the accused article does not meet every element of the patent claim at the time it is imported; whether the Commission has statutory authority to find a violation where an imported article is used to directly infringe a method claim, but there is no evidence of contributory infringement or inducement of infringement by the importer; whether the scope of the Commission's authority is affected by the differences in what constitutes an unlawful act under 35 U.S.C. 271 and Section 337; and whether the requirement that there be a nexus between the products imported and the alleged infringement continues to be relevant after the 1988 amendments to Section 337.
The Commission has requested that all written submissions be received by September 16, 2011. All reply submissions must be received by September 23, 2011.
On September 2, 2011, ALJ E. James Gildea issued an Initial Determination that granted a joint motion to terminate the Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing the Same, as to Respondent Bensussen Deutsch & Associates, Inc. (“BDA”). The joint motion was made in light of a settlement agreement made between Complainant Ogma, LLC and BDA. The Investigation continues against the following Respondents: 3M Company; Activision Blizzard, Inc.; Canon, Inc. and Canon USA, Inc.; Casio America, Inc. and Casio Computer Co., Ltd.; Christie Digital Systems USA, Inc.; Intec, Inc.; Jakks Pacific, Inc.; Kyocera Communications, Inc.; Lego A/S and Lego Systems, Inc.; Lenovo (United States), Inc., Lenovo Group Ltd., and Lenovo (Singapore) Pte. Ltd.; Mitsubishi Electric Corporation and Mitsubishi Electric & Electronics U.S.A., Inc.; Nintendo Co., Ltd. and Nintendo of America Inc.; Nyko Technologies, Inc.; Optoma Corporation and Optoma Technology, Inc., Performance Designed Productions LLC; Planar Systems, Inc.; Toshiba Corporation and Toshiba America Information Systems, Inc.; and Supersonic, Inc.
On September 1, 2011, ALJ Essex issued an order setting November 19, 2012 as the target date in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives and Components Thereof, Inv. No. 337-TA-788. The complainants are Trek 2000 International, Ltd., Trek Technology (Singapore) Pte. Ltd. and S-Com System (S) Pte. Ltd. The respondents are IronKey, Inc., Imation Corp., Advanced Media, Inc./Ritek USA, Ridtek USA, Verbatim Corp., Verbatim Americas LLC, Kingston Technology Co., Inc. and Patriot Memory, LLC.
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