ITC Blog: ITC 337 Update

On December 6, ALJ Rogers issued three orders in Inv. No. 337-TA-807, Certain Digital Photo Frames and Image Display Devices and Components Thereof.  In two separate rulings, ALJ Rogers granted Complainant Technology Properties, Ltd.'s motion for default against respondents Nextar Inc., Win Accord Ltd, and WinAccord U.S.A., Inc., but denied a motion for default against respondents Curtis International, Ltd. and Aiptek International, Inc., While ALJ Rogers found that Nextar, the Win Accord respondents, Curtis and Aiptek had all been properly served with the complaint and had failed to respond, Nextar and the Win Accord respondents further failed to respond to ALJ Rogers' November 18 order to show cause.  Curtis and Aiptek, however, both responded to the order to show cause and represented to the ALJ that they were in the process of negotiating a settlement agreement with the complainant.  Based on these representations, ALJ Rogers granted Curtis and Aiptek an additional two weeks to either respond to the complaint and notice of investigation or file a motion for termination based upon a settlement agreement or consent order. 

Separately, ALJ Rogers granted a joint motion to terminate respondent Circus World Displays Ltd. from the investigation based on a settlement agreement which grants Circus World a non-exclusive license to a group of patents and trademarks in exchange for a running royalty.  ALJ Rogers found the settlement to be in the public interest, and terminated Circus World from the investigation.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

ALJ Essex issued an initial determination granting respondent Pass & Seymour, Inc.’s motion to terminate Investigation No. 337-TA-776, Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV), based on consent order. The Commission Investigative Staff supported Pass & Seymour’s motion. Complainant Lutron Electronics Co., Inc., however, unsuccessfully opposed the motion raising four objections to the precise language of the consent order, all of which ALJ Essex rejected. The investigation remains pending as to other respondents.

• Email This
• Print
• Share Link

ALJ Rogers granted a joint motion filed by complainant Technology Properties Limited LLC and respondent Aluratek International Inc. to terminate Inv. No. 337-TA-807, Certain Digital Photo Frames and Image Display Devices and Components Thereof, as to Aluratek based on a settlement agreement. The Commission Investigative Staff filed a response supporting the motion. The investigation remains pending as to other respondents.

• Email This
• Print
• Share Link

On November 8, 2011, ALJ Essex issued an order terminating respondent Visio Light, Inc. from Investigation No. 337-TA-804, Certain LED Photographic Lighting Devices and Components Thereof, based on entry of a consent order. Complainants Litepanels, Inc. and Litepanels, Ltd. did not oppose the motion. The Commission Investigative Staff filed a responses in support of the motion. ALJ Essex issued an initial determination terminating the investigation as to Visio Light, Inc. The investigation remains pending as to other respondents.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

On July 8, 2011 ALJ Rogers granted Thompson/Center Arms Company, Inc.’s motion to terminate Inv. No. 337-TA-777, Certain Muzzle-Loading Firearms and Components Thereof, with respect to U.S. Patent No. 7,908,781 and U.S. Patent No. 7,140,138. The investigation remains pending with regard to all other patents at issue. The respondents in this investigation are Ardesa, S.A.; Black Power Products, Inc.; Dikar Sociedad Cooperativa Limitada; Bergara Barrels Europe; Connecticut Valley Arms; and Bergara Barrels North America.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

On July 5, 2011, ALJ Charneski granted a joint motion filed by complainants Apple, Inc. and NeXT Software, Inc. (“Apple”) and respondents Nokia Corporation and Nokia Inc. (“Nokia”) to terminate Inv. No. 337-TA-710, Certain Personal Data And Mobile Communications Devices and Related Software, as to Nokia based on a Settlement Agreement and License Agreement. The Commission Investigative Staff supported the motion.

• Email This
• Print
• Share Link

Disposing of an unopposed motion filed by complainants Apple Inc. and NeXT Software, Inc. ALJ Charneski issued an initial determination terminating the investigation as to certain claims in Inv. No. 337-TA-710, Certain Personal Data and Mobile Communications Devices and Related Software. The order removes eleven claims from the investigation. The eliminated claims are claims 17, 20 and 22 of U.S. Patent No. 5,946,647; claim 22 of U.S. Patent No. 6,275,983; claims 3 and 6 of U.S. Patent No. 6,343,263; claims 19, 20, and 21 of U.S. Patent No. 5,481,721; and claims 10 and 12 of U.S. Patent No. 5,566,337. The hearing in this investigation is scheduled to begin on April 18, 2011.

• Email This
• Print
• Share Link

ALJ Bullock issued an initial determination terminating respondent Warehouse-Lighting.com LLC from Inv. No. 337-TA-739,  Certain Ground Fault Circuit Interrupters and Products Containing the Same. The order issued in response to a joint motion filed by Warehouse Lighting.com and complainant Leviton Manufacturing. Co. Inc. to terminate the Investigation based on a consent order stipulation. The Commission Investigative Staff supported the motion.

• Email This
• Print
• Share Link

On April 6, 2011, an initial determination by ALJ Charles E. Bullock dismissed Respondent Sutherland Lumber of Kansas City, LLC from Inv. No. 337-TA-739, Certain Ground Fault Circuit Interrupters and Products Containing the Same. The initial determination resulted from a joint motion of Complainant and Sutherland to terminate the investigation based on a consent order stipulation. The investigation continues with regard to the other Respondents.

• Email This
• Print
• Share Link

ALJ Paul J. Luckern issued an Initial Determination on April 4, 2011 terminating Respondents Nokia Corp., Nokia, Inc., Research In Motion, Ltd. and Research In Motion Corp. from Inv. No. 337-TA-726, Certain Electronic Imaging Devices. This dismissal resulted from patent licensing and settlement agreements between the dismissed Respondents and Complainant FlashPoint Technology, Inc. The remaining Respondents in this investigation include HTC Corporation, HTC America, Inc., LG Electronics, LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc.

• Email This
• Print
• Share Link

On March 29, ALJ Rogers issued an initial determination granting Complainant Spansion LLC's motion to terminate in part Inv. No. 337-TA-735, Certain Flash Memory Chips and Products Containing Same, based on its withdrawal of allegations relating to claims 6-10 of U.S. Patent No. 6,900,124.

• Email This
• Print
• Share Link

On March 28, the Commission issued notice of its decision not to review the initial determination in Inv. No. 337-TA-714, Certain Electronic Devices with Multi-Touch Enabled Touchpad and Touchscreens, granting Complainant's motion to terminate the investigation as to claims 4, 12, 14, 18, and 21 of U.S. Patent No. 5,825,352.

• Email This
• Print
• Share Link

On December 27, 2010, the Commission declined review of ALJ Luckern's initial determination terminating certain patent claims from Inv. No. 337-TA-720, Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same.  The seventeen patent claims were terminated at the request of the complainant, Cross Match Technologies, Inc.

• Email This
• Print
• Share Link

On December 23, 2010, ALJ Carl C. Charneski terminated Inv. No. 337-TA-740, Certain Toner Cartridges and Components Thereof, as to respondent Print-Rite Holdings Ltd. based on a settlement agreement with complainant Lexmark International, Inc. 

• Email This
• Print
• Share Link

On December 22, 2010, ALJ Paul J. Luckern granted complainant Elan Microelectronics Corporation’s motion to terminate Inv. No. 337-TA-714, Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens, with respect to claim 10 of U.S. Pat. No. 5,825,352, due to Elan’s desire to “streamline and simplify” the issues in the Investigation. The respondent is Apple, Inc.

• Email This
• Print
• Share Link

On December 20, 2010, ALJ Charles E. Bullock issued an Initial Determination in Inv. No. 337-TA-739, In the Matter of Certain Ground Fault Circuit Interrupters and Products Containing Same, granting a joint motion to termination the investigation as to respondent Ingram Products, Inc. based on a consent order stipulation. The complainant is Leviton Manufacturing Co., Inc. Pursuant to the consent order, Ingram agrees not to import into the United States, sell for importation into the United States, or sell within the United States after importation any of the ground fault circuit interrupters accused of infringing U.S. Pat. Nos. 7,463,124, 7,737,809, 7,764,151, except to the extent permitted under the Parties’ Settlement Agreement.

• Email This
• Print
• Share Link

On December 16, the Commission issued notice of its determination not to review an initial determination granting the motion to terminate Inv. No. 337-TA-718, In the Matter of Electronic Towel Dispensing Devices and Components Thereof, as to respondents Draco Hygienic Products, Vida International, Inc., New Choice (HK) Ltd., Kruger Products LP, and KTG USA LP, based on consent order stipulations.

• Email This
• Print
• Share Link

On December 15, Chief ALJ Luckern issued an initial determination terminating Inv. No. 337-TA-732, Certain Devices Having Elastomeric Gel and Components Thereof, as to respondents TENGA and One Up, based upon consent order stipulations and proposed consent orders agreed upon with complainant Interactive Life Forms, LLC.

• Email This
• Print
• Share Link

On December 9, 2010, ALJ Rogers issued an Initial Determination granting a partial termination based on Apple, Inc.’s withdrawal of claims 2 and 6 of the ‘964 patent, and claims 16-22, 31-32, and 39 of the ‘911 patent in Inv. No. 337-TA-717, In the Matter of Certain Digital Imaging Devices and Related Software. Judge Rogers granted to withdrawal because there were no extraordinary circumstances and no objections.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

On December 6, 2010, ALJ Rogers issued an Initial Determination terminating TSMC based on a settlement agreement in Inv. No. 337-TA-729, Certain Semiconductor Products Made By Advanced Lithography Techniques and Products Containing Same. The settlement agreement contains a license agreement whereby STC granted TSMC a perpetual, non-exclusive, worldwide, and irrevocable license to a list of U.S., Taiwanese, and Japanese Patents. Judge Roger’s order granting the termination found that the settlement agreement would not be contrary to the public interest.

• Email This
• Print
• Share Link

On December 3, 2010, ALJ Charneski granted Samsung Electronics Co., Ltd.’s (“Samsung”) motion to terminate the investigation in part and to withdraw the allegations in its complaint as to EGreat USA in Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same. Samsung asserted that after further investigation it determined that EGreat USA is not affiliated with Shenzhen EGreat Co., Ltd.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

On October 29, 2010, complainant Samsung Electronics Co., Ltd. filed a motion to partially terminate Investigation No. 337-TA-665, Certain Flash Memory And Products Containing Same.  Samsung's motion requests that it be permitted to withdraw claims 1-7 and 11 of U.S. Patent No. 5,740,065 from the investigation, and notes that respondents do not oppose the motion.

UPDATE: On November 2, 2010 ALJ Charneski has issued an order granting Samsung's motion to withdraw the above-noted claims.  The ALJ has also denied as moot two motions for non-infringement of the above claims.

• Email This
• Print
• Share Link

The Commission granted a motion for termination of Inv. No. 337-TA-698, Certain DC-DC Controllers and Products Containing Same, filed by complainant Richtek and consented to by respondent VisionTek Products LLC per a consent order stipulation. In the Consent Order, VisionTek agreed not to import into the United States, sell for importation into the United States, or sell or offer for sale after importation any DC-DC controllers or products containing the same that infringe U.S. Patent Nos. 7,315,190; 6,414,470; or 7,132,717, or induce any of the above importation activities. Entry of the Consent Order constitutes a determination of a violation of section 337 by respondent VisionTek.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

On September 23, 2010, ALJ Essex issued an Initial Determination in Inv. No. 337-TA-719, Certain Lighting Products, granting a joint motion to terminate the investigation as to respondent Lights & More based on a settlement agreement and consent order. The complainant is Blumberg Industries, Inc. d/b/a Fine Art Lamps. Pursuant to the consent order, Lights and More agrees not to “import into the United States or sell in the United States after importation, or knowingly aid, abet, encourage, participate in or induce the sale for importation, importation into the United States or sale in the United States after importation of certain lighting products that infringe any of Fine Art Lamps’ United States Patent No. D570,038S; Copyright Registration Nos. VA 1-399-618 and VA 1-415-353; and U.S. Trademark Registration Nos. 3,703,710; 3,703,711; 3,700,479; and 3,700,480.”

• Email This
• Print
• Share Link

On September 22, 2010, ALJ Charneski granted complainant Samsung Electronics Co., Ltd.’s unopposed motion for partial termination as to all asserted claims of U.S. Pat. No. 6,930,050 without prejudice, in Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same. The respondents are Spansion, Inc., Spansion, LLC, Spansion Japan Limited, D-Link Corp., D-Link Systems, Inc., Alpine Electronics, Inc., and Alpine Electronics of America, Inc.

• Email This
• Print
• Share Link

On September 21, 2010, ALJ Luckern terminated Inv. No. 337-TA-732, Certain Devices Having Elastomeric Gel and Components Thereof, as to respondents Convergence, Inc., Honey’s Place, Inc., Pipedream Products, Inc., and Williams Trading Company based upon Consent Order Stipulations with complainant Interactive Life Forms, LLC. The proposed Consent Orders state that the respondents shall cease and desist from selling for importation, importing into the United States, and/or selling in the United States after importation certain devices having elastomeric gel that infringe certain claims of U.S. Pat. Nos. 5,782,818 and 5,807,360.

• Email This
• Print
• Share Link

MIPO Science and Technology Co., Ltd. and MIPO Technology Limited (collectively "MIPO") filed a unilateral motion to terminate the investigation based on a consent order in Inv. No. 337-TA-723, Certain Inkjet Ink Cartridges with Printheads and Components Thereof. In its stipulation and consent order Mipo agrees to not directly or indirectly sell for importation, import into the United States, or sell or offer for sale in the United States after importation inkjet cartridges with printheads that infringe any claim of the Asserted Patents.

• Email This
• Print
• Share Link

On September 7, 2010, ALJ Essex issued an initial determination terminating eight respondents related to Top Victory Electronics Co. of Taiwan from 337-TA-713, Certain Display Devices Including Digital Televisions and Monitors, on the basis of a settlement agreement.  The ID, based on a motion filed August 24, finds that the settlement agreement between complainant Sony Corporation and the TPV parties will not have an adverse effect on the public interest.

• Email This
• Print
• Share Link

On September 2, 2010 Interactive Life Forms, LLC filed unopposed motions to terminate Web Merchants, Inc. and Nanma Manufacturing Co., Ltd. from Inv. No. 337-TA-732, Certain Devices Having Elastomeric Gel and Components Thereof. The motions, based on consent orders, were unopposed and would remove Web Merchants. and Nanma Manufacturing from the investigation.

• Email This
• Print
• Share Link

On August 5, 2010 Chief ALJ Luckern issued an initial determination granting uPI Semiconductor (uPI) and Sapphire Technology Ltd.'s (Sapphire) opposed motion to terminate the investigation via consent order in Inv. No. 337-TA-698, Certain DC-DC Controllers and Products Containing the Same. In its proposed consent order stipulations uPI and Sapphire, while not admitting to infringement, agreed not to import any DC-DC controllers or products containing the same which infringe the patents asserted by complainants Richtek Technology Corporation and Richtek USA, Inc. Chief ALJ Luckern went on to hold that there is no "customary language" required for consent orders and dismissed Richtek's arguments that the motion to terminate should be denied for failing to include such language.

On the same day, Richtek and respondent VisionTek Products LLC (VisionTek) filed a joint motion to terminate the investigation as to VisionTek based on a settlement agreement. The public version of the settlement agreement, executed August 5, 2010, includes a covenant that Richtek will not "assert any cause of action, claim or demand against VisionTek under any of the [patents and trade secrets in suit] for infringement or misappropriation based on the [importation, sale for importation, and sale, or offer for sale, after importation into the United States] any of the Authorized Products." The definition of 'authorized products' was redacted in the public copy.

• Email This
• Print
• Share Link

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.

• Email This
• Print
• Share Link

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.
 

• Email This
• Print
• Share Link

The Commission has declined review of ALJ Gildea's June 17, 2010 Order granting Complainant Murata Manufacturing's motion to terminate Inv. No. 337-TA-685, Certain Ceramic Capacitors and Products Containing Same, with respect to U.S. Patent No. 6,377,439.  ALJ Gildea 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, and the Commission's notice, dated July 7, states that no party requested review of the ALJ's initial determination.

• Email This
• Print
• Share Link

On June 30, ALJ Charneski issued an initial determination terminating the investigation as to respondents Synology Inc. and Synology America Corporation in Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same. Complainant Samsung Electronics Co., Ltd. filed a joint motion with Synology to terminate the investigation on the basis of a consent order, whereby Synology agrees not to sell for importation, import into the United States, sell or offer for sale in the United States after importation, or knowingly aid or abet importation into the United States for these purposes any accused Synology product until (a) the expiration, invalidation, and/or unenforceability of the asserted claims of the patents-in-suit, (b) Synology’s products are found to be non-infringing, or (c) Samsung licenses such Synology products to Synology. Synology was just one of numerous respondents in the investigation, which is ongoing.

• Email This
• Print
• Share Link

The Commission issued a notice that it has determined not to review a June 4, 2010 initial determination by ALJ Bullock granting a joint motion to terminate respondents in Inv. No. 337-TA-708, Certain Stringed Musical Instruments and Components Thereof. The joint motion to terminate respondents Floyd Rose Guitars, Floyd Rose Marketing, Inc., Davitt & Hanser Music Co. d/b/a HHI, and Ping Well Industries, Co., Ltd. was based on a consent order stipulation with complainant Geoffrey McCabe, which has been issued by the Commission. The consent order provides that the respondents will not, except under consent or license from complainant or his assignees, sell for importation, import into the United States or sell in the United States after important, or knowingly aid such actions, in regards to the accused stringed musical instruments.

• Email This
• Print
• Share Link

Complainant Samsung Electronics Co., Ltd. And Respondents Synology Inc. and Synology America Corporation today filed a joint stipulation and motion to terminate Investigation No. 337-TA-685 as to Synology and for the entry of a Proposed Consent Order, concurrently submitted. The Complaint in the Investigation alleged that Synology imported products in violation of Section 337 that contained flash memory chips made and sold by Respondent Spansion that infringed claims of two U.S. Patents owned by Samsung. In the joint stipulation and motion, Synology did not admit to any unfair practices, but agreed to be bound by an attached Consent Order. The Consent Order stated, among other things, that Synology agrees that it will not import any accused Synoloogy product until the Asserted Claims expire or are found invalid/ unenforceable, the products are found not to infringe or Samsung licenses the products to Synology.

• Email This
• Print
• Share Link

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)

• Email This
• Print
• Share Link