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Articles Posted in ITC

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Revenue-Driven Licensing Activities Fail to Satisfy Domestic Industry Requirement for ITC Action

The ALJ terminated the ITC investigation upon granting respondent’s motion for summary judgment for lack of domestic industry, finding that the complainant’s (a licensing entity) patent-related activities were solely revenue-driven rather than production driven. Optical Disc Drives, Components Thereof, and Products Containing the Same, 337-TA-897 (ITC July 30, 2014, Order)…

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Supreme Court’s Indefiniteness Ruling Has Immediate Impact at ITC

After a hearing in an Investigation occurred between February 24 and March 7, 2014 and with the parties having submitted their opening post-hearing briefs on March 21, 2014 and their reply post-hearing briefs on March 28, 2014, the Administrative Law Judge determined that supplemental briefing was necessary after the Supreme…

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Motion to Quash Deposition Subpoena for Complainant’s CFO Denied by Administrative Law Judge Where CFO’s Deposition Was Relevant to Domestic Industry Requirement

Complainant Neptun filed a motion to quash three notices of deposition served by several respondents, specifically Satco, Maxlite, and Litetronics. Neptun sought to quash the three separate notices of deposition directed to Marzenna Bobel, the CFO of Neptun. Satco opposed the motion, and cross-moved to compel Mrs. Bobel’s deposition and…

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Administrative Law Judge at ITC Grants Motion for Leave to File Motions for Summary Determination Out of Time Because Complainant Did Not Provide Additional Support for Infringement Contentions in Expert Report

In this ITC proceeding, the Respondents filed a motion for leave to file motions for summary determination after the deadline for filing motions for summary determination set by the procedural schedule. Respondents asserted that good cause existed for granting the motion because it would efficiently resolve all of the issues…

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Pre-Filing Investigation at ITC Protected from Discovery as Work Product and Work Product Privilege Was Not Waived

In this ITC investigation, Respondents Yantai Zhenghai Magnetic Material Co., Ltd., Anhui Earth-Panda Advance Magnetic Material Co., Ltd., and Ningbo Jinji Strong Magnetic Material Co., Ltd. (collectively, “Manufacturing Respondents”) moved to compel discovery responses from Complainants Hitachi Metals, Ltd., and Hitachi Metals North Carolina, Ltd. (Collectively, “Hitachi Metals”). The motion…

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Canon Establishes Economic Prong of Domestic Industry Requirement on Summary Determination in ITC Proceeding

Complainants Canon, Inc., Canon U.S.A., Inc. and Canon Virginia, Inc. (“Canon”) filed a motion for summary determination that Canon satisfied the economic prong of the domestic industry requirement for each of the patents in the investigation. Canon asserted that it satisfied “[t]he economic prong of the domestic industry requirement based…

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Plaintiff’s Initiation of ITC Investigation Leads to Stay of District Court Case, including Stay of Patent not Involved in ITC Investigation

Avago Technologies (“Avago”) filed a patent infringement action against IPtronics, Inc. (“IPtronics”) asserting infringement of two U.S. Patents, patent nos. 5,359,447 (the ‘447 patent) and the 6,947,456 (the ‘456 patent) in the United States District Court for the Northern District of California. After a second amended complaint was filed, Avago…

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LSI Successfully Adds Accused Products to ITC Investigation Against Funai

Complainants LSI Corporation and Agere System LLC (collectively, “LSI” or “Complainants”) filed a motion for leave to amend their amended complaint in order to clarify the scope of the accused products of Respondent Funai Electric Company (“Funai”). LSI sought to clarify that the scope of the accused products were not…

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Respondent’s Motion to Compel Based on Declaration from a Former Employee That Complainant’s Counsel Were in Contact with Current Employees of Respondent Was Denied Where Complainant’s Counsel Represented to ALJ That No Such Contact Had Occurred

Respondent ClearCorrect Pakistan (Private) Ltd. (“CCPL”) moved to compel complainant Align Technology, Inc. (“Align”) to produce documents and supplement responses to interrogatories. As explained by the Administrative Law Judge, “CCPL asserts that Align has provided incomplete responses to Document Request No. 9 and Interrogatory No. 13. CCPL says that Document…

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Administrative Law Judge Limits Discovery of Electronically Stored Information in Proceeding before ITC by Limiting the Number of Custodians to 15

Complainant FlashPoint Technology, Inc. (“FlashPoint”) initiated an ITC proceeding against HTC Corporation, among others. FlashPoint filed a motion for a protective order seeking to limit the discovery of electronically stored information. FlashPoint proposed a limit of 15 custodians collectively for respondents to select, which included an option to negotiate for…

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