ITC Blog: ITC 337 Update

Chief ALJ Bullock, on remand from the Commission, denied Complainant MyKey's motion to amend the complaint to add Diskology LLC as a respondent, and to amend the notice of investigation in Inv. No. 337-TA-799, Certain Computer Forensic Devices and Products Containing The Same.  In a prior ruling on November 22, 2011, the Chief ALJ had granted MyKey's motion to substitute Diskology LLC for Diskology Inc., finding that it had shown good cause because MyKey was unaware Diskology Inc. had dissolved.  After receiving a December 8, 2011 letter from MyKey clarifying that it had been aware Diskology Inc. was defunct prior to filing the complaint, the Commission remanded with instructions to take the information in the December 8 letter into account.  On remand, the Chief ALJ found that MyKey's awareness that Diskology Inc. had dissolved prior to filing the complaint negated any showing of good cause, as did its decision to wait four months after filing the complaint to file a motion to amend.  The ALJ noted that MyKey was free to file a new complaint against Diskology LLC.

• Email This
• Print
• Share Link

Chief ALJ Bullock issued a public version of his December 20, 2011 Initial Determination and Recommended Remedy in Inv. No. 337-TA-739, Certain Ground Fault Circuit Interrupters and Products Containing Same. The investigation arose out of a complaint filed by Leviton Manufacturing Co., Inc. against Fujian Hongan Electric Co., Ltd., Zhejiang Trimone Electric Science & Technology Co., Ltd., TDE, Inc., Shanghai ELE Manufacturing, Shanghai Jia AO Electrical Co., Ltd., Orbit Industries, Inc., and American Electric Depot, Inc. Leviton alleged that various products infringed U.S. Patent Nos. 7,463,124, 7,764,151, and 7,737,809. ALJ Bullock found no violation of Section 337 with respect to any of the patents, despite holding that all patents were infringed, not invalid, and met the technical prong of domestic industry, because he determined that the economic prong of the domestic industry had not been met.

• Email This
• Print
• Share Link

On December 6, Chief ALJ Bullock terminated Inv. No. 337-TA-738, Certain Components For Installation of Marine Autopilots With GPS or IMU, on the basis of a settlement agreement between complainant and the remaining respondents, Navico AS, Navico UK, Ltd., and Navico Inc. The Chief ALJ denied as moot the parties' request that the full terms of the settlement agreement not be disclosed to other parties in the investigation, based on the fact that no additional respondents remained in the investigation.

• Email This
• Print
• Share Link

The public version of Chief ALJ Bullock's November 23 order denying Vizio, Inc.'s motion to amend the complaint and notice of investigation in Inv. No. 337-TA-789, Certain Digital Televisions and Components Thereof, has been released.  Vizio sought to amend the motion to add two new respondents, Coby Electronics Co., Ltd. of China and Coby Manufacturing Co., Ltd. of Hong Kong.  Chief ALJ Bullock found that Vizio had failed to show good cause to amend the complaint and notice of investigation because Vizio was aware of the third parties' relationship with a current respondent, Coby Electronics Corp., no later than August 2011 and Vizio's delay of two months before requesting the amendment would be prejudicial to the Coby parties given the current procedural schedule. 

• Email This
• Print
• Share Link

Chief ALJ Charles E. Bullock issued an order on November 21, 2011 that sets the target date for Certain Navigation Products, Components Thereof, and Related Software, Inv. No. 337-TA-810. The Investigation involving Complainants Furuno Electric Co. and Furuno U.S.A. and Respondents Honeywell International and Skyforce Avionics is currently set to conclude by March 4, 2013.

• Email This
• Print
• Share Link

On October 20, the International Trade Commission announced that ALJ Charles Bullock will become the next Chief Administrative Law Judge at the ITC.  ALJ Bullock had been serving as the Acting Chief Administrative Law Judge following the retirement of former Chief ALJ Paul Luckern in August.  Chief ALJ Bullock has served as an administrative law judge at the ITC since May 2002.

• Email This
• Print
• Share Link