ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count toward the economic prong of the domestic industry requirement. Although Respondents provided no counterarguments because they had defaulted, ALJ Pender analyzed and challenged each of Complainant’s proofs, ultimately finding that the domestic industry requirement had been met.
In a recent Initial Determination, Administrative Law Judge Shaw concluded that the Complainant’s reliance on marketing and instructional materials was not sufficient to prove inducement of infringement of a claimed method.
In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation, and invited Respondents to file a motion for summary determination.
In Certain Integrated Circuits with Voltage Regulators and Products Containing Same; Inv. No. 337-TA-1024, Chief ALJ Bullock recently denied a motion by Complainant R2 Semiconductor, Inc. to take additional discovery and supplement its expert reports based on the CALJ’s claim construction ruling.
In an earlier post, we summarized ALJ McNamara’s recent Summary Determination in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031, Order No. 33 (July 6, 2017). The ALJ invalidated claims 16-18, 21, and 30 of U.S. Patent No. 7,706,659, because the recited term “molecular weight” was indefinite. On August 7, 2017, the Commission reversed and vacated the determination. An opinion is forthcoming. We will provide an update when the Commission issues its public opinion.
Dispositive summary judgment in district court patent cases is somewhat common, but similar early dispositions of Section 337 investigations in the ITC are rare in comparison. One such outcome happened recently in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031. Order No. 33 (July 6, 2017). Respondent Momentive UV Coatings (Shanghai) Co., Ltd. (“MUV”) moved for summary determination that asserted claims 16-18, 21, and 30 of U.S. Patent No. 7,706,659 (“the ’659 patent”) are invalid for claim indefiniteness under 35 U.S.C. §112, ¶2. ALJ McNamara concluded that there were no genuine disputes of material fact and granted the motion.