On May 8, 2012, ALJ Shaw issued an order setting the procedural schedule in Inv. No. 337-TA-829, Certain Toner Cartridges and Components Thereof, in accordance with the 16-month target date previously set. The Final Initial Determination is due on February 28, 2013 and the target date is set for June 28, 2013.
On May 8, 2012, ALJ Essex issued an Initial Determination terminating Inv. No. 337-TA-788, Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives and Components Thereof, as to IronKey, Inc. (“IronKey”) and IronKey accused products. Complainants Trek 2000 International, Ltd, Trek Technology (Singapore) Pte. Ltd. and S-Com System (S) Pte. Ltd. filed a motion on May 4, 2012 to terminate the investigation and withdraw allegations against IronKey and its accused products. Respondents Imation Corp., IronKey, Inc. and Kingston Technology, Inc. did not oppose the motion and the Commission Investigative Staff filed a response in support of the motion. The investigation is pending with respect to the remaining respondents and products.
On May 8, 2012 ALJ Pender issued an Initial Determination in Inv. No. 337-TA-814, Certain Automotive GPS Navigation Systems, Components Thereof, and Products Containing Same, granting Complainant Beacon Navigation GMBH’s (“Beacon”) Motion to Terminate the Investigation Based on Withdrawal of the Complaint. While no respondents opposed the motion, respondents Suzuki, Mercedes, Ford, Chrysler, Nissan, Honda, General Motors, Mazda, Jaguar, Toyota, Volvo, Hyundai, Kia and BMW requested that Beacon’s motion not be granted until they could investigate whether Beacon violated Rule 210.12(a)(9)(iii) and/or Rule 210.4(c), which relate to identification of licensees in a complaint and the certification of representations to the presiding administrative law judge, respectively. Respondents Audi and Volkswagen did not oppose Beacon’s motion. The Commission Investigative Staff supported the motion. ALJ Pender declined respondents’ request to delay termination of the investigation and denied any outstanding motions as moot.
On May 7, 2012, ALJ Gildea issued an order setting the procedural schedule in Inv. No. 337-TA-834, Certain Mobile Electronic Devices Incorporating Haptics. The hearing will begin on March 28, 2013 with the Final ID due on June 28, 2013. The target date was set for October 28, 2013. The Complainant in this investigation is Immersion Corporation and the Respondents are HTC Corporation, HTC America, Inc., Motorola Mobility, Inc. and Motorola Mobility Holdings, Inc.
On May 7, 2012, ALJ Bullock issued an Initial Determination terminating Inv. No. 337-TA-789, Certain Digital Televisions and Components Thereof, as to Westinghouse Digital LLC (“Westinghouse”). Complainant Vizio, Inc. (“Vizio”). and Respondent Westinghouse previously filed a joint motion to terminate Westinghouse from the investigation in view of a Patent Cross-License Agreement, Settlement Agreement and Side Letter entered into by these parties. The investigation remains pending with respect to the other respondents.
Technology Properties Ltd. has filed a new complaint at the ITC seeking an investigation into the importation of Certain Computer and Computer Peripheral Devices and Components Thereof and Products Containing the Same. The proposed respondents are Acer, Inc.; Brother Industries Ltd.; Canon Inc.; Dane-Elec Memory; Dell Inc.; Falcon Northwest Computer Systems, Inc.; Fujitsu Ltd.; Jasco Products Co.; Hewlett-Packard Co.; HiTi Digital, Inc.; Kingston Technology Co., Inc.; Micron Technology, Inc.; Lexar Media, Inc.; Microdia Ltd.; Newegg Inc.; Rosewill Inc.; Sabrent; Samsung Electronics Co., Ltd.; Seiko Epson Corp.; Shuttle Inc.; and Systemax Inc. The patents asserted are U.S. Patent Nos. 6,976,623; 7,162,549; 7,295,443; 7,522,424; 6,438,638; and 7,719,847. The complaint has been given Docket No. 2889.
ALJ Essex has set a target date of June 21, 2013 in Inv. No. 337-TA-828, Certain Video Displays and Products Containing Same. Final hearing in the investigation was set for October 22-26, 2012, and the deadline for issuance of a final initial determination was set for February 21, 2013.
Microchip Technology, Inc. has filed a new complaint at the Commission seeking an investigation into the importation of Certain Semiconductor Integrated Circuit Devices and Products Containing Same. The complaint, dated March 23, 2012, lists as proposed respondents Intersil Corporation; Zilker Labs, Inc.; and Techwell, Inc. The asserted patents are U.S. Patent Nos. 7,225,088; 6,245,597; 5,760,720; 6,559,783; and 6,847,904. The complaint has been given Docket No. 2888.
Chief ALJ Bullock has rejected three motions for summary determination of non-infringement by respondents PHE, Inc., Evolved Novelties, Inc., and Momentum Management, LLC in Inv. No. 337-TA-823, Certain Kinesiotherapy Devices and Components Thereof. The Chief ALJ declined to elaborate on his reasons for the denials besides stating that material issues of fact remained between the parties.
On March 9, 2012, ALJ Essex granted complainants Litepanels, Inc.’s and Litepanels, Ltd.’s (“Litepanels”) motion to compel discovery and ordered respondents Fuzhou F&V Photographic Equipment Co., Ltd (“F&V”) and Shantou Nanguang Photographic Co. Ltd. (“Nanguang “) to provide full and complete responses various interrogatories and requests for production. ALJ Essex did not find that the F&V and Shantou had waived all objections to the discovery requests. While the discovery responses were late, it was any overly harsh at this point in the investigation to find such a waiver. ALJ Essex, however, noted that he will reconsider his ruling if F&V and Nanguang continue to refuse to respond to discovery or fail to give meaningful answers to interrogatories or responses to the document requests.
On March 9, 2012, ALJ Pender issued an order denying non-party Openwave System Inc.’s (“Openwave”) motion to quash a subpoena duces tecum and subpoena ad testificandum served by Respondent Apple, Inc. (“Apple”). The order similarly denied Openwave’s request to shift costs to Apple. ALJ Pender denied the motion on procedural grounds for failure to comply with Ground Rule 2.2. He also denied the motion on the merits for failure to show that the requested discovery was not relevant, that Apple lacked a need for the discovery, and that the subpoena was unduly burdensome. However, ALJ Pender granted Openwave’s request to limit the subpoenas, which included topics that required Openwave to engage in claim construction to respond to the subpoenas.
On March, 9, 2012, Chief ALJ Bullock issued an initial determination granting a joint motion to terminate the investigation as to respondent drugstore.com based on a consent order stipulation in Inv. No. 337-823, Certain Kinesiotherapy Devices and Components Thereof.
On March 8, 2012, LG Display Co., Ltd. filed a Response and Affirmative Defenses to the Amended Complaint of Industrial Technology Research Institute and ITRI International and Notice of Investigation in Inv. No. 337-TA-805, Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing the Same.
On March 7, 2012, the Commission issued a notice of its decision not to review the ALJ Bullock’s initial determination granting complaint Cypress Semiconductor Corporation’s motion for summary determination on the economic prong of the domestic injury requirement in Inv. No. 337-TA-792, Certain Static Random Access Memories and Products Containing Same.
On March 7, 2012, the Commission issued a notice of its decision not to review the ALJ Essex’s initial determination granting complaint Microsoft Corporation’s motion for summary determination on the economic prong of the domestic injury requirement in Inv. No. 337-TA-769, Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof.
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