ITC Blog: ITC 337 Update

ALJ Rogers issued an order denying the motion of Respondents Funai Corporation and Funai Electric Co. Ltd. for a stay of proceedings in Inv. No. 337-TA-786, Certain Integrated Circuits, Chipsets and Products Containing Same, Including Televisions, pending resolution of whether this investigation is precluded in whole or in part based on the previously-litigation Inv. No. 337-TA-709.  ALJ Rogers also set August 15, 2011 as the date for the pre-hearing conference in this Investigation.  The complainant is Freescale Semiconductor. 

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ALJ Gildea issued an Order in Inv. No. 337-TA-736, Certain Wind and Solar Powered Light Posts and Street Lamps requiring the parties to prepare for trial despite a prior order suspending the investigation.  On May 20, the parties had submitted an unopposed joint motion to suspend the procedural schedule, claiming that the parties had reached an agreement that would resolve the issues in the Investigation.  ALJ Gildea granted the parties' motion.  As trial approached, the parties informed ALJ Gildea that they would not be be in a position to advise the ALJ whether settlement had been finalized until August 12, 2011.  ALJ Gildea ordered resumption of the procedural schedule, finding this delay "unacceptable," and noting that the Commission Rules require parties to "make every effort" to avoid delay.  ALJ Gildea set July 26, 2011 as the deadline for pre-hearing submission and set August 9, 2011 as the hearing date. 

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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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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.

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In Inv. No. 337-TA-701, Certain Electronic Products, Including Mobile Phones, Portable Music Players, and Computers, ALJ Charneski issued an order denying complainants Nokia Corp. and Nokia Inc.'s motion seeking an order requiring respondent Apple, Inc. to show cause why it should not be sanctioned for failing to comply with orders relating to Apple's production of source code files and other documentation relating to Nokia's infringement claims of U.S. Patent No. 6,073,036.  ALJ Charneski found that Nokia failed to show that sanctions were warranted, due to its failure to show which request for production addressed the unproduced items. 

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ALJ Bullock issued two orders denying summary determination in Inv. No. 337-TA-704, Certain Mobile Communication Devices and Components Thereof.  ALJ Bullock denied complainant Nokia's motion for summary determination that respondent Apple, Inc. had failed to satisfy the domestic industry requirement for U.S. Patent No. 5,920,726.  ALJ Bullock also denied respondent Apple Inc.'s motion for summary determination that Nokia is not licensed to practice U.S. Patent Nos. 5,379,431, 5,455,599, or 6,424,354 because genuine issues of material fact remained in the investigation.
 

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On August 25, ALJ Charneski issued an order setting September 8, 2010 as the date for a prehearing conference in Inv. No. 337-TA-602, Certain GPS Devices and Products Containing Same.  The complainant is Global Locate, Inc.; the respondents are SIRF Technology, Inc., E-Ten Corporation, Pharos Science & Applications, Inc., Mitac International Corporation, and Mio Technology Limited, USA

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Chief ALJ Luckern issued an order setting a 16-month target date of December 4, 2011 for completion of Inv. No. 337-TA-732, Certain Elastomeric Gel and Components Thereof. Complainant Interactive Life Forms requested a 16-month target date, while respondents California Exotic Novelties, Inc., Nanma Mfg. Co., Tenga Co. Ltd. and WES Consulting argued for an earlier target date given the related nature of the two asserted patents. Chief ALJ Luckern further ordered the parties to submit revised procedural schedules.

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ALJ Rogers issued an order denying respondent Microjet Technology Co.’s motion for termination and entry of a consent order in Inv. No. 337-TA-723, Certain Inkjet Cartridges with Printheads and Components Thereof.  ALJ Rogers denied the motion because Microjet’s consent order stipulation did not include the statements required by Commission Rule 210.21(c) and failed to comply with multiple procedural requirements for filing motions with the Commission

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On may 24, ALJ Charneski set August 5, 2011 as the target date for completion of Inv. No. 337-TA-716, Certain Large Scale Integrated Circuit Semiconductor Chips and Products Containing Same.  ALJ Charneski set April 5, 2011 as the due date for Initial Determination on an alleged violation of Section 337. (PDF)

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On May 14, 2010, ALJ Theodore Essex terminated Inv. No. 337-TA-691, Certain Inkjet Ink Supplies and Components Thereof, as to respondent SmartOne Services LLC d/b/a InkForSale.net on the basis of a settlement agreement with complainant Hewlett-Packard Company. The ALJ found that termination of the investigation does not impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, or United States consumers.  (PDF)

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On May 12, 2010, ALJ Paul Luckern granted respondent Research in Motion’s motion to amend its response to the complaint, in Inv. No. 337-TA-703, Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof. The Order is confidential.

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On May 11, 2010, ALJ Charles Bullock granted respondent Kikkerland Design, Inc.’s motion to amend its answer to add an affirmative defense of invalidity under 35 U.S.C. § 102(b), in Inv. No. 337-TA-693, Certain Foldable Stools. The Order is confidential. 

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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)

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Chief ALJ Luckern issued an order setting a target date in Inv. No. 337-TA-703, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof. ALJ Luckern set a fifteen month target date for completion of the investigation, May 23 ,2011, with the final initial determine filed no later than January 24, 2011. (PDF)

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On March 18, 2010, ALJ Charneski issued notice of an enforcement initial determination, finding a violation of the limited exclusion order issued by the Commission on September 24, 2007, at the conclusion of the underlying violation investigation, Inv. No. 337-TA-564, In the Matter of Certain Voltage Regulators, Components Thereof, and Products Containing the Same. ALJ Charneski recommended that a cease and desist order issue against respondent Advanced Analogic Technologies, Inc. (PDF)

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On March 17, 2010 issued an Initial Determination setting the target date in Inv. No. 337-TA-685, In the Matter of Certain Flash Memory and Products Containing the Same. ALJ Charneski set February 28, 2011 as the due date of the final initial determination and June 28, 2011 as the target date for completion of the investigation. (PDF)

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ALJ Bullock issued an Initial Determination in Inv. No. 337-TA-664, In the Matter of Certain Flash Memory Chips and Products Containing the Same, granting complainants Spansion, Inc. and Spansion LLC’s consent motion for partial termination of the Investigation as to all asserted claims of U.S. Patent No. 6,380,029 without prejudice. Spansion argued that the “motion would significantly reduce the number of issues to be decided by the Commission.” (PDF)

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On March 15, 2010 ALJ Essex issued an initial determination terminating respondent Inkplustoner.com in Inv. No. 337-TA-691, In the Matter of Certain Inkjet Supplies and Components Thereof, following a motion filed by complainant Hewlett-Packard Company to terminate the investigation as to respondent on the basis of a settlement agreement.  (PDF)

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On March 15, 2010 ALJ Essex issued an Initial Determination in Inv. No. 337-TA-669, In the Matter of Certain Optoelectronic Devices, Components Thereof, and Products Containing the Same, 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 importation of certain optoelectronic devices, components thereof and products containing the same infringe one or more of claims 1, 2, 3 and 5 of U.S. Patent No. 5,359,447. ALJ Essex found that no violation of section 337 occurred with respect to claim 6 of the ‘447 patent and one of more of claim 8 of U.S. Patent No. 5,761,229.  (PDF)

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On March 9, 2010 ALJ Charneski issued an Initial Determination in Inv. No. 337-TA-663, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, amending the complaint and notice of investigation following complainant Eastman Kodak Company’s request for leave to amend its complaint and notice of investigation to add claim 12 of U.S. Patent No. 5,493,335. ALJ Charneski found that complainant has established good cause for amending the complaint and notice of investigation to include the claim. (PDF)

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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)

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On March 9, 2010, ALJ Charneski issued an Initial Determination in Inv. No. 337-TA-663, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras and Components, 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 importation, of certain mobile telephones and wireless communication devices featuring digital cameras, or components thereof, that infringe claims 1, 4, and 12 of U.S. Patent Nos. 5,493,335 and claims 15, 23-27 of U.S. Patent No. 6,292,218. (PDF)

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ALJ Charneski issued his Recommended Determination on Remedy and Bonding in Inv. No. 337-TA-663, In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components. ALJ Charneski recommended that the Commission enter a limited exclusion order against the infringing products of respondent Samsung Electronics, that a cease and desist order be issued and that respondent be required to post a bond for importation of accused products during the Presidential review period. The complainant is Eastman Kodak Company of Rochester, NY.  (PDF)

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On March 9, 2010, ALJ Charneski issued his Recommended Determination on Remedy and Bonding in Inv. No. 337-TA-655, In the Matter of Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same. ALJ Charneski recommended that a limited exclusion order issue with respect to any of the respondents, Standard Car Truck Co., Barber Tianrui Railway Supply, LLC, Tianrui Group Co., Ltd. and Tianrui Group Foundry Co. Ltd., found to be in violation of section 337, and that a cease and desist order issue to that respondent. ALJ Charneski further ordered that if the Commission issued an exclusion order, a bond should be required for respondents’ importations during the Presidential review period. (PDF)

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On March 8, 2010 ALJ Rogers issued an order setting the procedural schedule for Inv. No. 337-TA-705, In the Matter of Certain Notebook Computer Products and Components Thereof. ALJ Rogers set February 23 ,2011 as the due date for an Initial Determination and June 23, 2011 as the target date for completion of the investigation.  (PDF)

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On March 5, 2010 Chief ALJ Luckern issued his Final Initial and Recommended Determinations in Inv. No. 337-TA-670, In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof. ALJ Luckern issued his Final Initial Determination, finding that a violation of section 337 occurred in the importation, or sale within the United States after importation of certain adjustable keyboard support systems or components thereof that infringe one or more of claims 7, 10, 26, 27, 34, 37, 38 and 44 of U.S. Patent No. 5,292,097. ALJ Luckern issued his Recommended Determination that, should the Commission find a violation, a limited exclusion order, barring entry of the infringing products into the United States and a cease and desist order against respondent Waterloo Furniture Components, Ltd., should issue.  (PDF)

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On February 23, 2010 Chief ALJ Luckern issued notice to complainant Humanscale Corp. and respondents CompX International, Inc. and Waterloo Furniture Companies, Ltd. containing his final initial determination and recommendation in Inv. No. 337-TA-670, In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof. Chief ALJ Luckern’s initial determination found that a violation of section 337 occurred in the importation and sale of the adjustable keyboard support systems at issue, and recommended that if the Commission determined a violation occurred that a limited exclusion order barring entry of items at issue into the U.S. (PDF)

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ALJ Luckern issued amended ground rules in Inv. No. 337-TA-698, In the Matter of Certain DC-DC Controllers and Products Containing Same.  (PDF)

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ALJ Luckern issued an order setting the target date for April 5, 2011 in Inv. No. 337-TA-698, In the Matter of Certain DC-DC Controllers and Products Containing Same.  (PDF)

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ALJ Rogers issued an order setting a procedural schedule in Inv. No. 337-TA-700, In the Matter of Certain Surface Mount MEMS Microphones and Products Containing the Same. The target date for completion of the investigation was set for May 4, 2011.  (PDF)

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On October 29, 2009, the Commission ordered an investigation be instituted to determine whether there is a violation of § 337(a)(1)(B) and whether a domestic industry exists as required by § 337(a)(2). The complaint was filed on October 1, 2009 on behalf of Murata Manufacturing Co., Ltd of Japan and Murata Electronics North America, Inc. alleging infringement of U.S. Pat. Nos. 6,266,229, 6,014,309, 6,377,439, 6,243,254. The proposed respondents are Samsung Electro-Mechanics Co., Ltd. and Samsung Electro-Mechanics America, Inc. Inv. No. 337-TA-692, In the Matter of Certain Ceramic Capacitors and Products Containing Same.  (PDF)

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On September 24, 2009, ALJ Essex issued the public version of his August 28, 2009 Final Initial and Recommended Determinations for Inv. No. 337-TA-630, In the Matter of Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (III). ALJ Essex concluded that there was no violation of section 337 by reason of infringement of one or more of claims 17 and 18 of United States Patent No. 5,679,977; claims 1-4,9-12, and 15-16 of United States Patent No. 6,133,627; and claims 1-4, 9, 10 and 33-35 of United States Patent No. 5,663,106. While ALJ Essex found no violation of section 337, his Recommended Determination, in the event the Commission finds a violation of section 337, is that a general exclusion order that includes downstream products is not warranted. To the extent the Commission determines to issue a general exclusion order, ALJ Essexrecommended that the exclusion order include a certification provision. Should the Commission decide not to issue a general exclusion order, ALJ Essex recommends that the Commission should issue a limited exclusion order directed only to respondents Acer Inc.; Acer America Corp.; Centon Electronics, Inc.; Kingston Technology Corporation; Nanya Technology Corporation; Nanya Technology Corp. USA; Powerchip Semiconductor Corp.; ProMos Technologies, Inc.; Ramaxel Technology, Ltd; SMART Modular Technologies, Inc.; TwinMOS Technologies, Inc.; and TwinMOS Technologies, USA, Inc. and all of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. Should the Commission find a violation, ALJ Essex recommended that the Commission issue a cease and desist order directed toward the domestic respondents Acer, Centon, Kingston, Nanya, Elpida and SMART. (PDF)

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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)

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On August 5, 2009, ALJ Rogers issued the public version of his July 14, 2009, Order denying respondent’s motion for a protective order in Inv. Nos. 337-TA-667 and 673, In the Matter of Certain Electronic Devices, Including Handheld Wireless Communications Devices. In its motion, respondent Palm, Inc. sought to preclude Complainant Saxon Innovations, LLC from accusing the Palm Pre phone of infringement on the basis that Saxon failed to include the device in relevant interrogatory responses by the applicable deadline. ALJ Rogers concluded that Palm was on notice before the applicable deadline of the fact that Saxon was accusing Palm of infringement and thus failed to show good cause for issuance of a protective order.  (PDF)

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On July 27, 2009, the Commission Ordered that Inv. No. 337-TA-556, In the Matter of Certain High-Brightness Light Emitting Diodes and Products Containing Same, be remanded to Chief ALJ Luckern for proceedings consistent with the May 22, 2009 judgment of the Federal Circuit in Epistar Corp. v. United States Int’l Trade Comm’n, 566 F.3d 1321 (Fed. Cir. 2009), including issuance of a final initial determination on violation and a recommended determination on remedy and bonding. The investigation was appealed to the Federal Circuit after the Commission found infringement and issued a limited exclusion order. The Federal Circuit vacated the limited exclusion order and vacated and remanded the Commission’s final determination.  (PDF)

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