On February 10, Judge Essex issued the public version of his order denying Complainant’s Motion for Leave to Supplement Its Exhibit List and Witness Statement to Address Recent Developments in Its Domestic Industry.
Following up on our previous post, the International Trade Commission (ITC) issued the public version of its Opinion in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries For Power Tool Products Containing Same, And Power Tool Products With Lithium-Ion Batteries Containing Same, Inv. No. 337-TA-951. The ITC determined not to provide guidance on whether a good faith belief of non-infringement is a defense to contributory infringement and whether laches is a viable defense in Section 337 proceedings.
On January 13, Judge Lord issued the public version of Order 50 in Certain Semiconductor Devices, Semiconductor Device Packages, And Products Containing Same, Inv. 337-TA-1010, granting-in-part Respondents’ motion to compel production of factual materials underlying pre-suit testing.
Judge Shaw issued Order No. 22 in Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. 337-TA-1012, denying the Sony Respondents’ motion to extend witness statement page limits.
On January 10, 2017, Judge McNamara issued the public version of Order No. 22 in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same, Inv. 337-TA-1003, striking Respondents’ late disclosed prior art and invalidity contentions.
Chief Administrative Law Judge Bullock issued the public version of his Initial Determination in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same wherein he found that one of two asserted patents was valid and infringed. However, there was no violation of Section 337 because Complainants failed to properly allocate domestic expenses between the asserted patents.