On November 18, 2011, ALJ E. James Gildea terminated Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing the Same, Inv. No. 337-TA-773, as to Kyocera Communications, Inc. in response to a joint motion to terminate filed jointly by Complainant Ogma, LLC and Kyocera. This motion was premised on a settlement agreement reached between the two parties.
On November 17, 2011, ALJ Gildea issued an initial determination granting a joint motion filed by complainant Ogma, LLC and respondent 3M Company to terminate Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same, as to 3M based on a settlement agreement. The Commission Investigative Staff filed a response supporting the motion. The investigation remains pending as to the other respondents.
On October 13, 2011, ALJ Gildea set the procedural schedule in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same, Inv. No. 337-TA-803. The evidentiary hearing is set for September 21-October 11, 2012, with the Initial Determination due on January 10, 2013 and a target date set for May 10, 2013. The complainants in this investigation are
Intellectual Ventures Management LLC, Invention Investment Fund I, L.P., Invention Investment Fund II, LLC, Intellectual Ventures I LLC, and Intellectual Ventures II LLC, and the respondents are Hynix Semiconductor Inc., Hynix Semiconductor America, Inc., Elpida Memory Inc., Elpida Memory (USA) Inc., Acer Inc, Acer America Corp., ADATA Technology Co., Ltd., ADATA Technology (U.S.A) Co., Ltd., Asustek Computer Inc., Asus Computer International Inc., Dell, Inc., Hewlett-Packard Company, Kingston Technology Co., Inc., Logitech International S.A., Logitech, Inc., Pantech Co, Ltd. Pantech Wireless Inc., Best Buy Co., Inc., and Wal-Mart Stores, Inc.
ALJ E. James Gildea issued an Initial Determination on October 4, 2011 that, among other things, sets the target date for Certain Electronic Devices with Communication Capabilities, Components Thereof, and Related Software, 337-TA-808. This proceeding between Complainant HTC Corp. and Respondent Apple Inc. is set to conclude by April 1, 2013.
On October 4, 2011, ALJ E. James Gildea granted the parties joint motion to terminate Inv. No. 337-TA-801, Certain Products Containing Interactive Program Guide and Parental Controls Technology, in its entirety. The joint motion was premised on a settlement agreement reached between Complainants Rovi Corporation, Rovi Guides, Inc., United Video Properties, Inc., and Gemstar Development Corporation and Respondents Sharp Corporation, Sharp Electronics Corporation, and Sharp Electronic Manufacturing Company of America Inc.
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 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 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 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.
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 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.
ALJ Gildea denied a joint motion to terminate the investigation as to Respondent Bensussen Deutsch & Associates, Inc. on the basis of a settlement agreement in Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same. ALJ Gildea ruled that the parties failed to satisfy Rule 210.21(b)(1) by failing to attach a public version of the settlement agreement. Due to this failure, ALJ Gildea denied, without prejudice, the parties' joint motion.
On August 8, 2011, the Commission instituted Inv. No. 337-TA-797, Certain Portable Electronic Devices and Related Software. The Complainant is Apple Inc. The Respondents are HTC Corp., HTC America, Inc., and Exedia, Inc. Apple’s complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain portable electronic devices and related software by reason of infringement of certain claims of US. Patent No. 7,844,915 ("the '915 patent"); US. Patent No. 7,469,381 ("the '381 patent"); US. Patent No. 7,084,859 ("the '859 patent"); US. Patent No. 7,920,129 ("the '129 patent"); and U.S. Patent No. 6,956,564 ("the '564 patent"). The Commission also issued notice that this Investigation has been assigned to ALJ Gildea.
On August 8, 2011, ALJ Gildea issued an order setting the procedural schedule in Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same. This investigation was previously consolidated with Inv. No. 337-TA-787. The hearing is scheduled to begin on March 5, 2012, with the Initial Determination due on May 18, 2012 and a target date set for September 19, 2012. The Complainant in the Investigation is Ogma, LLC.
ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC and Respondents Sony Ericsson Mobil Communications (USA) Inc. and Sony Ericsson Mobile Communications AB (collectively “Sony Ericsson”) to terminate Investigation No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same, as to Sony Ericsson. The motion was filed because Sony Ericsson’s parent company executed a Membership and License Agreement with RPX, which is a licensee of the asserted patents. The Commission Investigation Staff supported the motion. The Investigation is still pending as to all other remaining respondents.
ALJ Gildea set a target date of December 3, 2012 in Inv. No. 337-TA-794, Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers. The Initial Determination will issue no later than August 3, 2012. Complainants Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC and Respondent Apple, Inc. are ordered to submit a proposed procedural schedule by September 7, 2011.
ALJ Gildea issued a public version of his Initial Determination and Recommended Remedy in Inv. No. 337-TA-734, Certain Electronic Devices With Image Processing Systems, Components Thereof, and Associated Software. The investigation arose out of a complaint filed by S3 Graphics Co. Ltd and S3 Graphics, Inc. (collectively “S3 Graphics”) against Apple Inc. S3 Graphics alleged that various Apple products infringed U.S. Patent No. 7,043,087 (“the ‘087 patent”); U.S. Patent No. 6,775,417 (“the ‘417 patent”); U.S. Patent No. 6,683,978 (“the ‘978 patent”); and U.S. Patent No. 6,658,146 (“the ‘146 patent”).
ALJ Gildea found no violation of Section 337 with respect to the ‘087 patent or the ‘417 patent because, although Apple’s Mac OS X Devices directly infringe the asserted claims, those claims are obvious. Apple’s Mac OS X Devices were found to directly infringe asserted claims 11, 14, and 16 of the ‘978 patent, but a violation of Section 337 was found only with respect to claim 11, because claim 14 and 16 are invalid for obviousness. Similarly, Apple’s Mac OS X Devices were found to directly infringe asserted claims 4, 13, and 16 of the ‘146 patent, but a violation was found only with respect to claims 4 and 16 because claim 13 is obvious. Additionally, the Court held that an implied license and the doctrine of patent exhaustion apply to those Mac OS X Devices incorporating Nvidia GPU that are protected by an NVidia License. A domestic industry exists with respect to all patents-in-suit. ALJ Gildea found that none of the asserted claims of the four patents-in-suit are indirectly infringed or invalid under 35 U.S.C. § 102 or 35 U.S.C. § 112. In his remedy and bond determination, ALJ Gildea recommended a limited exclusion order, a cease and desist order and that Apple be required to post a bond.
On August 2, 2011, ALJ Gildea granted an unopposed motion filed by Complainants Duggal Dimensions LLC, Duggal Energy Solutions LLC, and Duggal Visual Solutions, Inc. (collectively “Duggal”) to terminate Inv. No. 337-TA-736, Certain Wind and Solar Powered Light Posts and Street Lamps, based on withdrawal of the Complaint. Duggal has entered into a settlement agreement with the other private parties: Respondents Gus Power Incorporated, Efstonscience Inc., King Luminair, Inc., and The Stresscrete Group.
On July 25, 2011, ALJ Gildea set the procedural schedule for Investigation No. 337-TA-778, Certain Equipment for Communication Networks Including Switches, Routers, Gateways, Bridges, Wireless Access Points, Cable Modems, IP Phones, and Products Containing Same. The hearing is set for March 15-30, 2012, with a target date of October 22, 2012. The complainant is Mosaid Technologies, Inc., and the respondents are Cisco Systems, Inc., Cisco Consumer Products LLC, Cisco Systems International B.V., and Scientific Atlanta LLC.
On July 19, 2011, ALJ Gildea, pursuant to Commission authorization, consolidated Inv. Nos. 337-TA-773 and 337-TA-787, both entitled Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same [II]. The common complainant is Ogma, LLC of Texas, which asserted common patent claims in the two Investigations. Specifically, ALJ Gildea folded the 787 Investigation into the 773 Investigation, which now contains 34 different respondents. There had been no overlapping respondents in the two separate Investigations.
On July 18, 2011, ALJ Gildea granted a joint motion filed by complainant Ogma, LLC and respondents VTech Holdings, Ltd. and VTech Electronics North America, LLC to terminate the Investigation as to the VTech respondents by reason of a settlement agreement in Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same, 337-TA-773. The Investigation remains pending against respondents Activision Blizzard, Inc., Canon, Inc., Canon USA, Inc., Jakks Pacific, Inc., Kyocera Communications, Inc., LEGO A/S dba LEGO Group, LEGO Systems, Inc., Lenovo (United States), Inc., Lenovo Group Ltd., Lenovo (Singapore) Pte. Ltd., Mad Catz, Inc., Nintendo Co., Ltd., Nintendo of America, Inc., Nyko Technologies, Inc., Sony Ericsson Mobile Communications (USA), Inc., Sony Ericsson Mobile Communications AB, ViewSonic Corp., Ltd., WowWee Group Ltd., and WowWee USA, Inc.
On July 8, 2011, ALJ Gildea set a sixteen month target date of November 7, 2012 for Inv. No. 337-TA-783, Certain GPS Navigation Products, Components Thereof, and Related Software. The final initial determination will be due no later than July 6, 2012. ALJ Gildea also set a due date for a proposed joint procedural schedule of August 9, 2011 and set the Ground Rules for the investigation. Notably, the Ground Rules for this investigation differ from Ground Rules issued by ALJ Gildea in other investigations. Honeywell International, Inc. is the complainant and Furuno Electric Co., Ltd. and Furuno U.S.A. and Furuno U.S.A. are the respondents in this investigation.
On July 6, 2011, ALJ Gildea granted a joint motion filed by complainant Ogma, LLC (“Ogma”) and Respondent Vivitek Corporation (“Vivitek”) to terminate Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components And Products Containing Same as to Vivitek by reason of indirect license agreements with non-party RPX Corporation. The Commission Investigative Staff supported the parties’ motion. The Investigation remains pending against all other respondents.
On June 24, 2011, ALJ Gildea issued the public version of his May 20, 2011 Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond in Inv. No. 337-TA-712, Certain Digital Set-Top Boxes and Components Thereof. In the ID, ALJ Gildea held that a domestic industry exists that practices one of the asserted patents, but that no domestic industry exists that practice the other four asserted patents. ALJ Gildea also held that Respondent Cablevision Systems Corp. infringed one of the claims of the patent for which a domestic industry was established. ALJ Gildea further held that Cablevision did not infringe any claims of the remaining four patents.
Respondents Mad Catz, Inc. ("Mad Catz") and VTech Holdings, Ltd. ("VTech") filed motions to stay pending deadlines because a settlement between Mad Catz and Ogma, LLC and between VTech and Ogma, LLC had been reached in Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same. In anticipation of imminent motions to terminate the investigation with regard to each of these respondents, ALJ Gildea granted the respective motions to stay on the basis of the settlement agreements.
Complainant Ogma, LLC ("Ogma") also filed a motion to terminate the investigation as to Respondent ViewSonic Corp. ("ViewSonic"). The motion states that Ogma and ViewSonic have reached a license agreement which resolves all outstanding issues between the two companies. The licensing agreement includes a covenant by Ogma that it will not sue ViewSonic for infringement of the 5,825,427 patent and in consideration ViewSonic agreed to pay Ogma an undisclosed amount payable in two installments (on June 15, 2011 and July 15, 2011).
On June 16, the Commission issued a notice of investigation, based on a complaint filed May 17, 2011, instituting Inv. No. 337-TA-778, Certain Equipment For Communications Networks, Including Switches, Routers, Gateways, Bridges, Wireless Access Points, Cable Modems, IP Phones, and Products Containing Same. The complainant is MOSAID Technologies Inc., and the respondents are Cisco Systems, Inc.; Cisco Consumer Products LLC; Cisco Systems International B.V.; and Scientific Atlanta LLC. The patents asserted to be infringed are U.S. Patent Nos. 7,035,280; 7,292,600; 7,830,858; 6,842,459; 7,633,966; and 5,841,360. The investigation has been assigned to ALJ Gildea.
On June 16, ALJ Gildea altered the hearing schedule in Inv. No. 337-TA-747, Certain Products Containing Interactive Program Guide and Parental Controls Technology, to move the beginning of the hearing to January 5, 2012. The hearing was moved forward due to a change in the ALJ's schedule.
Complainant Ogma, LLC ("Ogma") and respondent Vivitek Corp. ("Vivitek") filed a joint motion to terminate the investigation as to Respondent Vivitek based on the parties having entered into a settlement agreement in Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same. The basis of the motion is Vivitek's agreement with third party RPX Corp. RPX is a licensee of Ogma's patents and under its agreement with Ogma, RPX has the right to sub-license those patents to Vivitek. The parties also state that the termination of the investigation as to Vivitek will have no adverse effects on the public interest.
ALJ Gildea has issued an initial determination terminating Inv. No. 337-TA-767, Certain Glassware, on the basis of a consent order between the parties. The ALJ found that under the terms of the consent order, the Respondents agreed not to import into the United States any of the accused products without a license from the complainant, Boston Beer Co., and to destroy all of the accused products other than those the complainant authorized respondents to maintain, and that termination of the investigation was in the public interest.
On June 14, ALJ Gildea granted Complainant Ogma, LLC and Respondent ViewSonic Corporation's joint motion to stay all deadlines for ViewSonic in Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same. The motion was granted based on an assertion by the parties that a settlement had been reached between Ogma and ViewSonic, and that a motion to terminate would be forthcoming. ALJ Gildea ordered ViewSonic to file a status report of no more than one page on a weekly basis until a motion to terminate is filed.
On May 25, ALJ Gildea issued the public version of his May 11 order denying Respondent Gas Power Inc.'s motion for summary determination that U.S. Patent D610,732S is invalid because it did not name the correct inventors. In denying the motion, ALJ Gildea cited testimony '732 inventors, which created a genuine issue of material fact as to whether they contributed to the invention. ALJ Gildea's May 25 order also denied Respondents' motion for sanctions against Complainants Duggal Dimensions LLC et al. for seeking to enforce the '732 patent while allegedly knowing the patent to be invalid. In denying that motion, ALJ Gildea found that Complainants had an objectively reasonable basis to rely upon the validity of the '732 patent. The investigation is 337-TA-736, Certain Wind and Solar Powered Light Posts and Street Lamps.
On May 16, 2011, the Commission instituted Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same, based on a complaint filed April 1, 2011. The Complainant is Ogma, LLC of Texas. The named respondents are Activision Blizzard, Inc.; Canon, Inc.; Canon USA, Inc.; Jakks Pacific, Inc.; Kyocera Communications, Inc.; LEGO A/S d/b/a LEGO Group; LEGO Systems, Inc.; Lenovo (United States), Inc.; Lenovo Group Ltd.; Lenovo (Singapore) Pte Ltd.; Mad Catz, Inc.; Nintendo Co., Ltd.; Nintendo of America, Inc.; Nyko Technologies, Inc.; Sony Ericsson Mobile Communications (USA), Inc.; Sony Ericsson Mobile Communications AB; Vivitek Corp.; VTech Electronics North America LLC; VTech Holdings, Ltd.; ViewSonic Corp., Ltd.; WowWee Group Ltd.; and WowWee USA, Inc. The patents at issue are U.S. Pat. No. 6,150,947 and 5,825,427, and the investigation has been assigned to ALJ Gildea.
On April 22, the Commission issued a final determination of no violation in Inv. No. 337-TA-692, Certain Ceramic Capacitors and Products Containing Same, and terminated the investigation. The Commission's final determination resulted from a February 23 determination to review ALJ Gildea's December 22, 2009 initial determination finding no violation of Section 337 by Respondents Samsung Electro-Mechanics Co., Ltd. and Samsung Electro-Mechanics, Inc. with respect to U.S. Patent No. 6,266,229. The Commission did not review the ALJ's determination that there was no violation of the remaining two patents, U.S. Patent Nos. 6,014,309 and 6,243,254.
In its final determination, the Commission reversed the ALJ's finding that the '229 patent was not obvious over the asserted prior art, and found that the applicant admitted prior art did constitute prior art against the '229 patent. A public version of the Commission's determination will be published shortly.
An initial determination of ALJ E. James Gildea terminated Inv. No. 337-TA-731, Certain Toner Cartridges and Components Thereof, in its entirety on April 8, 2011. The initial determination resulted from a joint filing of Complainants and Respondents to terminate the investigation by reason of a consent order stipulation.
On April 5, 2011, ALJ E. James Gildea issued an order setting the procedural schedule in Inv. No. 337-TA-761, Certain Set-Top Boxes, and Hardware and Software Components Thereof. A target date of July 2, 2012 is set to conclude the investigation between Complainant Microsoft Corporation and Respondent Tivo, Inc.
ALJ E. James Gildea issued an order on April 4, 2011 amending the target date and resetting the procedural schedule in Inv. No. 337-TA-747, Certain Products Containing Interactive Program Guide and Parental Controls Technology, due to the ongoing events in Japan. The new target date is set for August 13, 2012.
On March 30, ALJ Gildea issued the public version of his March 16, 2011 order in Inv. No. 337-TA-724, Certain Electronic Devices with Image Processing Systems, Components Thereof and Associated Software, denying Respondent Apple, Inc.'s motion to preclude evidence regarding domestic industry from Complainants S3 Graphics Co. and S3 Graphics, Inc.
On March 25, 2011, ALJ E. James Gildea gave notice of issuance of the final initial determination in Inv. No. 337-TA-701, Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers. The ALJ held that Respondent Apple, Inc. does not infringe any of Complainant Nokia’s U.S. Pat. Nos. 6,518,957, 6,714,091, 6,834,181, 6,895,256, 6,924,789. The ALJ further held that a domestic industry exists that practices the ‘789 patent, but not the ‘091, ‘181, or ‘256 patents.
On March 17, 2011, ALJ Gildea issued an order setting the target date in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same, Inv. No. 337-TA-756 for May 29, 2012. ALJ Gildea considered the joint proposed procedural schedule submitted by the parties, but was unable to accommodate several of the dates due to the fact that a pending motion may result in the addition of more respondents to the investigation.
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.
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.
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 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 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 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 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.
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 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 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.
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.
On November 23, 2010, ALJ Gildea issued an Order construing many claim terms in six asserted patents in Inv. No. 337-TA-701, In the Matter of Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers.
Chief ALJ Luckern assigned ALJ Gildea to Inv. No. 337-TA-747, In the Matter of Certain Products Containing Interactive Program Guide and Parental Controls Technology.
Complainant Georgia-Pacific Consumer Products LP ("Georgia-Pacific") and Respondents Draco Hygienic Products, Inc., Vida International Inc., New Choice (H.K.) Ltd., Kruger Products LP, and KTG USA (collectively "Draco Respondents") filed a joint motion to terminate the investigation as to the Draco respondents based on a consent order stipulatoin in Inv. No. 337-TA-718, In the Matter of Certain Electronic Paper Towel Dispensing Devices and Components Thereof. The consent order states that the Draco Respondents will not import, sell or offer for sale after importation any electronic paper towel dispensing devices or components thereof that infringe claims 1-2 and 4 of U.S. Patent 6,871,815; claims 1-4, 4-8, 12-15 and 19-22 of U.S. Patent 7,017,856; claim 1 of U.S. Patent 7,182,289; and claims 1-2, 4, 8-12 and 16-22 of U.S. Patent 7,387,274.
ALJ Gildea, in two separate orders, terminated respondents Paradigm Marketing Consortium d/b/a United Supply Systems, United Sourcing Network Corporation, and Alliance in Manufacturing LLC from Inv. No. 337-TA-718, Certain Electronic Paper Towel Dispensing Devices And Components Thereof, based on consent orders. In both consent orders, the respondents agree not to directly or indirectly import, sell for importation into the United States, or sell within the United States after importation electronic paper towel dispensing devices that infringe the asserted claims in the investigation.
On October 26, ALJ Gildea issued an order setting the procedural schedule for Inv. No. 337-TA-736, Certain Wind and Solar-Powered Light Posts and Street Lamps. The trial is set to begin on June 14, 2011 with the initial determination by September 27, 2011 and a target date of January 27, 2012.
On October 13, 2010, ALJ Gildea issued an Initial Determination in Inv. No. 337-TA-718, Certain Electronic Paper Towel Dispensing Devices and Components Thereof, granting a joint motion to terminate the investigation as to respondent Ko-Am Corporation Inc. d/b/a Janitor’s World based on a consent order stipulation. Pursuant to the consent order, Ko-Am agrees not to directly or indirectly import into the United States, sell for importation into the United States, or sell within the United States after importation any electronic paper towel dispensing devices or components thereof that infringe asserted claims 1-7 of U.S. Pat. No. 6,871,815, asserted claims 1-22 of U.S. Pat. No. 7,017,856, asserted claims 1-3 of U.S. Pat. No. 7,182,289, or claims 1-22 of U.S. Pat. No. 7,387,274.
Administrative Law Judge Gildea today ordered Respondents Stefco Industries and Cellynne Corporation to show cause by October 12, 2010 why they should not be found in default in Inv. No. 337-TA-718, Certain Electronic Paper Towel Dispensing Devices and Components Thereof. While the record indicates that Stefco has made an appearance in this investigation, the Staff and Complainant argue that neither Stefco nor Cellynne's have answered the Complaint or provided any response to discovery requests. Based on this failure, ALJ Gildea granted Complainant's motion and ordered that Stefco and Cellynne show cause, via written submission, as to why they should not be held in default no later than October 12, 2010.
ALJ Gildea has set the procedural schedule in 337-TA-731, Certain Toner Cartridges And Components Thereof. The target date has been set for no later than November 30, 2011, and the date for issuance of the final initial determination has been set for no later than July 29, 2011.
ALJ Gildea has ordered a Markman hearing in 337-TA-724, Certain Electronic Devices With Image Processing Systems, Components Thereof, And Associated Software. After hearing from the parties, the ALJ set the hearing for November 9, 2010. The target date and date for final initial determination remain unchanged.
Citing scheduling concerns and the complexity of the issues, Administrative Law Judge E. James Gildea ordered that the target date be extended from March 4, 2011 to April 22, 2011 in Inv. No. 337-TA-692, Certain Ceramic Capacitors and Products Containing Same.
ALJ Gildea issued an order suspending all scheduling dates and resetting the target date to December 30, 2011 and the initial determination date to August 30, 2011 in Inv. No 337-TA-718, Certain Electronic Paper Towel Dispensing Devices and Components Thereof. ALJ Gildea also ordered the parties to jointly file a proposed procedural schedule by September 19, 2010. ALJ Gildea ordered the scheduling modifications because several new respondents were added to the investigation on July 29, 2010. In addition, it appeared that proceedings against the original respondents will be resolved within two weeks through settlement or default proceedings.
ALJ Gildea has set the target date in Inv. No. 337-TA-731, Certain Toner Cartridges and Components Thereof. The initial determination will be due by July 29, 2011 and the target date for completion of the investigation is November 30, 2011.
ALJ Gildea has set the target date in Inv. No. 337-TA-731, Certain Toner Cartridges And Components Thereof. The initial determination will be due no later than July 29, 2011 and the target date for completion of the investigation is November 30, 2011. The ALJ scheduled a technology tutorial for May 26, 2011. The hearing was scheduled to take place between May 27, 2011 and June 3, 2011. Finally,the parties were also directed to submit a discovery statement by September 3, 2010.
ALJ Gildea issued an initial determination today granting a joint motion to terminate Inv. No. 337-TA-718, Certain Electronic Paper Towel Dispensing Devices and Components Thereof, with respect to Respondent NetPak Electronic Plastic and Cosmetic, Inc. The ALJ noted that the parties had agreed to a consent order by which NetPak agreed not to import, sell for importation or sell in the United States products that infringed the asserted claims of the patents at issue in the investigation.
ALJ Gildea issued an initial determination today granting an unopposed motion by complainant for partial termination of Inv. No. 337-TA-701, Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers, by withdrawing U.S. Patent No. 6,262,735 from the investigation. Complainants noted that removal of the '735 patent would streamline the investigation and reduce the number of claim terms to be construed.
The Commission declined review today of a May 27, 2010 initial determination by ALJ Gildea, finding no violation of Section 337 with respect to one patent, and terminated Inv. No. 337-TA-650, Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same. The complainant in the investigation is John Mezzalingua Associates, Inc. d/b/a PPC, Inc., and the respondents are Aska Communications Corp.; Edali Industrial Corp.; Fu Ching Technical Industrial Co., Ltd.; Gem Electronics; Hanjiang Fei Yu Electronics Equipment Factory; Zhongguang Electronics; Yangzhou Zhongguang Electronics Co.; and Yangzhou Zhongguang Foreign Trade Co. The patents asserted were U.S. Patent Nos. 5,470,257; 6,558,194; D440,539; and D519,076.
The ALJ's initial determination was the result of a March 31 remand from an earlier determination dated October 13, 2009. In the first determination, ALJ Gildea found that every patent asserted was infringed. The Commission's March 31 order affirmed the finding of a violation of the '076 and '194 patents, but reversed the finding of a violation of the '257 patent, and remanded for additional findings on the '539 patent and the issue of domestic industry. After remand, ALJ Gildea found that the domestic industry requirement had not been satisfied for the '539 patent, and the Commission declined review and terminated the investigation.
On July 6, 2010, ALJ Gildea set a date for final initial determination of July 1, 2011 and a target date of November 1, 2011 in Inv. No. 337-TA-724, Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software. The Complainants are S3 Graphics Co., Ltd. and S3 Graphics, Inc., and the Respondent is Apple, Inc.
ALJ Gildea has been assigned Investigation No. 337-TA-724, Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software.
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.
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-692, Certain 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)
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-692, In 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.
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.
ALJ Gildea denies Respondents and Staff’s motions for summary determination of invalidity of one asserted patent claim because issues of fact exist. (PDF)
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)
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 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)
On May 27, 2010 ALJ Gildea issued an abbreviated notice regarding issuance of a remand initial determination in Inv. No. 337-TA-650, Certain Coaxial Cable Connectors and Components Thereof and Products Containing the Same. The complainant is John Mezzalingua Associates, Inc. The ALJ determined that no domestic industry existed that practices U.S. Patent No. D440,539. A complete public version is expected to be issued shortly.
The ITC issued notice of Inv. No. 337-TA-718, In the Matter of Certain Electronic Paper Towel Dispensing Devices and Components Thereof. The complaint alleges violations of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 6,871,815; 7,017,856; 7,182,289; and 7,387,274. Complainant is Georgia-Pacific Consumer Products LP of Atlanta, Georgia. Respondents are Kruger Products LP, KTGUSALP, Stefco Industries, Inc., Cellynne Corporation, Draco Hygienic Products Inc., NetPak Electronic Plastic and Cosmetic, Inc., NetPak Elektronik Plastik ve Kozmetik Sanayi, Paradigm Marketing Consortium, Inc., United Sourcing Network Corp., New Choice (H.K.) Ltd., and Vida International Inc. Commission IA will be Lisa A. Murray, Esq. The investigation has been assigned to ALJ Gildea.
On May 13, 2010, ALJ E. James Gildea denied respondents’ motion for summary determination of invalidity of certain claims of U.S. Patent No. 6,266,229 in Inv. No. 337-TA-692, Certain Ceramic Capacitors and Products Containing Same. The Order is confidential.
ALJ Gildea held that none of the Respondents infringed U.S. Patent No. 7,417,382 and that no domestic industry exists in Inv. No. 337-TA-666, In the Matter of Certain Cold Cathode Fluorescent Lamp ("CCFL") Inverter Circuits and Products Containing The Same. ALJ Gildea found that respondents (ASUSTeK Computer Inc., ASUS Computer International, Monolithic Power Systems, Inc., and Microsemi Corp.) did not infringe claims 1, 2, 4, 7, 8, 9, 11 and 14 of U.S. Patent No. 7,417,382. Gildea further held that no domestic industry exists which practices the '382 patent. A complete public version of the initial determination will be issued after the parties have had a chance to propose redactions. (PDF)
ALJ Gildea set the procedural schedule today in 337-TA-706, Certain Wireless Communications System Server Software, Wireless Handheld Devices And Battery Packs. The hearing is scheduled for November 5-18, 2010, with a final initial determination set for February 24, 2011, and a target date for completion of June 24, 2011.
ALJ Gildea issued an initial determination in 337-TA-701, Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers, extending the deadline for final initial determination to April 1, 2011 and the target date to August 1, 2011 based on the large number of claims at issue.
ALJ Gildea released the public version of his March 17, 2010 denial of Vizio’s motion to compel LG Electronics to produce documents held by a non-party, LG Display Co., in 337-TA-687, Certain Video Displays, Components Thereof and Products Containing Same. The ALJ determined that the complainant did not have possession, custody or control over documents at the non-party, despite the fact that the complainant controlled 37.9% of the non-party’s stock, because a majority of the board was required to be appointed by outsiders, the two companies kept separate books, and there was no evidence that complainant had access to the non-party’s documents in the ordinary course of business. (PDF)
ALJ Gildea issued an order setting the procedural schedule in Inv. No. 337-TA-701, In the Matter of Certain Electronic Products, Including Mobile Phones, Portable Music Players and Computers. Complainants Nokia Corporation and Nokia, Inc. and respondents Apple, Inc. had submitted a joint procedural schedule, setting January 31, 2002 as the date for a Final Initial Determination and May 31, 2011 as the target date for completion of the investigation. (PDF)
ALJ Gildea gave notice of the grounds of Inv. No. 337-TA-706, In the Matter of Certain Wireless Communication System Server Software, Wireless Handheld Devices and Battery Packs, and set a target date of June 24, 2011 for completion of the investigation. ALJ Gildea directed the parties to submit a discovery statement and proposed procedural schedule by April 5, 2010. (PDF)
On February 18, 2010 Inv. No. 337-TA-706, In the Matter of Certain Wireless Communications System Server Software, Wireless Handheld Devices and Battery Packs, was assigned to Administrative Law Judge E. James Gildea. (PDF)
On February 18, 2010 ALJ Gildea issued an order stating that respondent Qingdao Auront Industry & Trade Co. Ltd. must respond to the complaint filed by Matthew Bullock and Walnut Industries, Inc. and Notice of Investigation, as well as discovery requests, by March 24, 2010 or else be held in default in Inv. No. 337-TA-696, In the Matter of Certain Restraining Systems for Transport Containers, Components Thereof, and Methods of Using Same. (PDF)
ALJ Gildea issued an Initial Determination in Inv. No. 337-TA-687, In the Matter of Certain Video Displays, Components Thereof, and Products Containing the Same, granting Complainant LG Electronics and Respondents Funai Electric Company and P & F USA’s joint motion to terminate Funai Electric Company from the investigation following a settlement agreement. ALJ Gildea noted that Commission staff had already determined that nothing in the settlement agreement suggested that it would produce an undue burden on the public health and welfare, or competitive conditions in the U.S. economy. (PDF)
On February 18, 2010 ALJ Gildea issued an order setting forth a revised procedural schedule In the Matter of Certain Video Displays, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-687. The revised procedural schedule set September 17, 2010 as the date of the final initial determination and January 18, 2011 as the target date for completion of the investigation. (PDF)
ALJ Gildea granted Complainant LG Electronics, Inc.’s motion for leave to file a second amended complaint and amend the Notice of Investigation, thereby adding AmTran Technology Co., Ltd. and AmTran Logistics, Inc. as respondents, in Inv. 337-TA-687, In the Matter of Certain Video Displays, Components Thereof, and Products Containing Same. (PDF)
ALJ Gildea set the procedural schedule in Inv. No. 337-TA-692, In the Matter of Certain Ceramic Capacitors and Products Containing Same. (PDF)
ALG Gildea set April 11, 2010 as the target date for the investigation and issued ground rules in Inv. No. 337-TA-696, In the Matter of Certain Restraining Systems for Transport Containers, Components thereof, and Methods of Using Same. (PDF)
On November 6, 2009, ALJ Gildea issued an Initial Determination modifying the target date of Inv. No. 337-TA-666, In the Matter of Certain Cold Cathode Fluorescent Lamp Inverter Circuits and Products Containing the Same. ALJ Gildea set a new target date of June 21, 2010 and noted that, given the breadth of the hearing record and the complexity of issues raised, an extension of the target date would harm neither the complainants, 02 Mirco International Ltd. and 02 Micro Inc., nor the respondents, Monolithic Power Systems, Inc. (PDF)
On November 4, 2009 ALJ Gildea set a target date of December 18, 2009 for complainants Murata Manufacturing Co., Ltd. and Murata Electronics North America, Inc. and respondent Samsung Electro-Mechanics Co., Ltd. and Samsung Electro-Mechanics America, Inc.to submit a discovery statement and a proposed procedural schedule. ALJ Gildea also set forth the Ground Rules for the investigation, In the Matter of Certain Ceramic Capacitors and Products Containing the Same, Inv. No. 337-TA-692. (PDF)
On November 3, 2009, ALJ Gildea issued the public version of the October 3, 2009 final initial determination in Inv. No. 337-TA-650, In the Matter of Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same. ALJ Gildea found that a violation of section 337 occurred in the importation into the United States, the sale for importation, or the sale within the United States after the importation of certain coaxial cable connectors by reason of infringement of one or more claims of the patents held by complainant, U.S. Patent Nos. 6,558,194, 5,470,257, D440,539 and D519,076.
ALJ Gildea issued a recommended determination on remedy and bond that the Commission should issue a general exclusion order directed to coaxial cable compression connectors that infringe the asserted claims of complainant’s patents at issue, and that respondents should be required to post a bond of 13 cents for each accused coaxial cable compression connector imported during the review period. (PDF)
On October 13, 2009, ALJ Gildea issued a final initial determination and recommended determination on remedy and bond in Inv. No. 337-TA-650, In the Matter of Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same. The determination found defaulting respondents Hanjiang Fei Yu Electronics Equipment Factory, Zhongguang Electronics, Yangzhou Zhongguang Electronics Co., Ltd., and Yangzhou Zhongguang Foreign Trade Co., Ltd. in violation of § 337, and respondents Fu Ching Technical Industrial Co., Ltd. and Gem Electronics, not in violation of § 337. The complainant was John Mezzalingua Associates, Inc. U.S. Pat. No. 5,470,257. (PDF)
On September 21, 2009, the Commission issued a notice affirming the initial determination by ALJ Gildea that section 337 was violated, terminating the investigation, and issuing a general exclusion order in Inv. No. 337-TA-643, In the Matter of Certain Cigarettes and Packaging Thereof. (PDF)
ALJ Gildea set the target date in Inv. No. 337-TA-687, In the Matter of Certain Video Displays, Components Thereof, and Products Containing the Same. The date for Final Initial Determination was set for September 18, 2010, with a target date of January 18, 2011. ALJ Gildea also set ground rules and a date for submission of the proposed procedural schedule. (PDF)
On September 9, 2009, ALJ Gildea issued the public version of his Initial Determination granting the joint motion by complainants O2 Micro International Ltd. and O2 Micro Inc.and respondents LG Display Co., Ltd. and LG Display America, Inc. (collectively, “LGD”) to terminate the investigation with respect to LGD on the basis of a consent order stipulation in Inv. No. 337-TA-666, In the Matter of Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits and Products Containing the Same. (PDF)
On September 9, 2009, ALJ Gildea set the procedural schedule in Inv. No. 337-TA-682, In the Matter of Certain Collaborative System Products and Components Thereof. The schedule set a Final Initial Determination date of August 2, 2010, and a target date of December 2, 2010. (PDF)
ALJ Gildea granted O2 Micro’s motion to compel re-production of a document “clawed back” by Monolithic Power Systems, Inc. in Inv. No. 337-TA-666, In the Matter of Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits and Products Containing Same. ALJ Gildea, citing Federal Circuit precedent, reiterated the legal principle that “the attorney client privilege evaporates upon any voluntary disclosure of confidential information to a third party and that it is irrelevant whether the disclosure was inadvertent” (internal quotations omitted). The ALJ went on to find, assuming the document at issue was privileged, privilege was waived by MPS’s production of the document in two separate lawsuits. MPS’s failure to use adequate procedures to prevent disclosure of protected documents was apparent through its apparent sole reliance upon a “clawback provision” to protect privileged documents.
ALJ Gildea, however, stopped short of taking a position on whether parties were free to enter into “claw-back” agreements, stating only that where parties enter into such stipulations “they are responsible for resolving disputes relating to inadvertent production on their own” and where such a resolution is not reached by the parties, “it is the Administrative Law Judge’s view that a claw-back agreement may not shield the inadvertent production of an attorney-client privileged document to an adversary absent some showing that a party used a ‘reasonable effort’ to protect the confidences it contains. (PDF)
ALJ Gildea denied Finnegan’s motion to intervene on its own behalf in Inv. No. 337-TA-666, In the Matter of Certain Cold Cathode Fluorescent Lamp (CCFL) Inverter Circuits and Products Containing the Same on August 6, 2009. Finnegan sought to intervene for the limited purpose of enforcing the terms of a retainer agreement. ALJ Gildea denied the motion, finding that good cause does not exist to grant Finnegan’s motion. (PDF)
On August 4, 2009, ALJ Gildea determined that a 16 month target date was appropriate for Inv. No. 337-TA-682, In the Matter of Certain Collaborative System Products and Components Thereof, resulting in a target date of December 2, 2010, (final ID on violation will be due no later than August 2, 2010). ALJ Gildea further stated that the investigation was to be governed by the Commission Rules and the attached ground rules. (PDF)
On July 27, 2009, ALJ Gildea issued a notice of his July 24, 2009, Final ID/RD in Inv. No. 337-TA-636, In the Matter of Certain Laser Imageable Lithographic Printing Plates. ALJ Gildea found that a violation of section 337 has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of the accused products by reason of infringement of the asserted claims of the patents-at-issue. (PDF)
ALJ Gildea issued an ID/RD on violation on July 24, 2009, in Inv. No. 337-TA-636, In the Matter of Certain Laser Imageable Lithographic Printing Plates. The public version of the ID/RD to follow.
On July 20, 2009, ALJ Gildea issued the public version of his June 30, 2009, decision to preclude respondents from calling its trial counsel as a witness at trial in Inv. No. 337-TA-650, In the Matter of Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same. (PDF) ALJ Gildea concluded that respondents failed to show that their case depended on evidence that can only be obtained through testimony from their trial counsel. In the same decision, ALJ Gildea denied complainant’s motions in limine seeking to preclude:
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