Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (337-TA-841)
Represented respondent Kingston Technology Co. against Technology Properties Limited in suit involving flash memory card readers. Fish was asked to enter the case just after Markman and to represent Kingston through trial and beyond. After a four day trial, the ALJ issued an initial determination finding non-infringement on all but one patent asserted against Kingston (the ’623 patent). The infringement ruling on the ’623 patent was based on an erroneous claim construction by the ALJ. Fish drafted the section of the Petition to the Commission to reverse the ALJ’s construction. The Commission overturned the ALJ’s construction, and changed over 25 years of practice by requiring that a patentee must have an article protected by the patent in order to meet the domestic industry requirement. By tightening the domestic industry requirement, the Commission made it more difficult for many NPEs to file suit in the ITC. As a result of these rulings, the Commission found no violation by Kingston. By the time the Commission issued its Final Determination, only two of the numerous parties originally accused of infringing the ’623 patent remained in the case. Final determination in favor of client.
Certain Electronic Devices having Placeshifting or Display Replication Functionality (337-TA-878)
Represented Complainant Sling Media. ITC determined patents were infringed, issued limited exclusion order and cease and desist orders against defaulting respondents Monsoon Multimedia and C2 Microsystems.
Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (337-TA-879)
Represented complainant ResMed in asserting that APEX’s sleep apnea masks and flow generators infringe seven ResMed patents. ITC case resulted in consent order barring APEX from importing, selling or importing for sale any infringing products. ITC determined not to review after a consent order 8/9/13.
Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (337-TA-855)
Represented respondent AKG Acoustics, Harman International, Bose, Dewalt. Settled. Inititial determination granted joint motion to terminate 6/10/13.
Certain Robotic Toys (337-TA-869)
Represented the Innovation First Complainants, which develop and market small mechanical and, in some cases, robotic toys. Innovation First sought relief in the ITC for the unlawful importation into the United States of certain robotic toys that were manufactured as a result of a misappropriation of Innovation First’s trade secrets, and the sale within the United States after importation of certain robotic toys, made using Innovation First’s trade secrets. The trade secret misappropriation included acts of misappropriation that occurred in China. This case was one of only a handful that the Commission instituted after the Court of Appeals for the Federal Circuit’s decision in TianRui Group Co. v. U.S. International Trade Commission, 661 F.3d 1322 (Fed. Cir. 2011). The ITC was a particularly useful forum here because one of the Respondents had previously secured a dismissal of a trade secret misappropriation case in a Texas court – arguing that a Chinese court would be a more convenient forum. That Respondent had no such defense before the ITC and, in fact, affirmatively moved to intervene as a Respondent in the investigation. In connection with a confidential settlement, the Respondents agreed to a consent order.
Certain Inkjet Ink Cartridges With Printheads And Components Thereof (Fed. Cir. May 30, 2013) (337-TA-723)
Represented complainant Hewlett-Packard in this five-patent ITC investigation (and subsequent Federal Circuit appeal) relating to HP’s inkjet printing technologies. The judge found a violation and issued a General Exclusion Order, which would prevent any party from importing into the U.S. goods that infringe the asserted patents. The ITC more commonly issues a Limited Exclusion Order, which excludes only the goods of the parties that were respondents in the ITC litigation. A General Exclusion Order is a much broader remedy because it applies to anyone seeking to import goods that infringe the patents, whether or not they were involved in the ITC litigation, which included named seven proposed respondents. The Federal Circuit dismissed respondent APM’s appeal and affirmed the ITC’s imposition of a General Exclusion Order.
Certain Coenzyme Q10 Products and Methods of Making Same (337-TA-790)
Represented respondent Mitsubishi Gas Chemical in an ITC action involving a patent related to methods for mass producing Coenzyme Q10. The ITC’s notice confirmed the Initial Determination of no violation and expanded on Judge Roger’s findings. In particular, the Commissioners reviewed and confirmed a finding that MGC’s process does not infringe a key limitation, found in all of the claims, and also essentially determined that approximately half of the asserted claims were invalid for addition of new matter to those claims during prosecution of the patent application.
Certain Liquid Crystal Display Modules and Products Containing the Same, and Methods for Making the Same (337-TA-702)
Representing respondent Samsung Electronics.
Certain Liquid Crystal Display Devices and Products Containing the Same (337-TA-699)
Representing complainant Samsung Electronics.
Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same (337-TA-661)
Defending NVIDIA and its customers in a nine-patent investigation brought by Rambus involving SDRAM controller patents.
Certain Inkjet Ink Supplies and Components Thereof (337-TA-691)
Representing complainant Hewlett-Packard in a case relating to inkjet cartridges.
Certain Hybrid Electric Vehicles and Components Thereof (337-TA-688)
Represented complainant Paice against Toyota in a case involving hybrid electric vehicle technology. Case settled favorably just prior to trial.
Certain Video Displays, Components Thereof, and Products Containing Same (337-TA-687)
Representing LG Electronics in a patent case involving LCD televisions.
Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (337-TA-674)
Representing respondent Chi Mei Lighting Technology Corporation.
Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof (337-TA-672)
Represented complainant LG Electronics against Eastman Kodak in a patent case involving mobile telephones and wireless communication devices featuring digital cameras. Case settled prior to trial.
Certain Cold Cathode Fluorescent Lamp ("CCFL") Inverter Circuits and Products Containing Same (337-TA-666)
Represented respondent Monolithic Power Systems over products implementing invert circuits.
Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras and Components Thereof (337-TA-663)
Represented respondent LG Electronics in a patent case brought by Eastman Kodak. Case went to trial in Fall 2009 but the parties settled before a decision was issued by the Judge or Commission.
Certain Tunable Laser Chips, Assemblies and Products Containing Same (337-TA-662)
Representing respondent Syntune of Sweden and CyOptics in a patent investigation related to semiconductor lasers transmitted through optical fibers brought by JDS Uniphase.
Certain Peripheral Devices and Components Thereof and Products Containing the Same (337-TA-654)
Represented complainant Microsoft against Primax Electronics in a patent case relating to peripheral devices, such as keyboards and computer mice, connected to a computer. Case settled before trial.
Certain Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same (337-TA-648)
Representing respondent Cypress Semiconductor in a patent case filed by LSI and Agere Systems.
Certain Vein Harvesting Surgical Systems and Components Thereof (337-TA-645)
Represented respondents Terumo and Terumo Cardiovascular Systems in a patent investigation brought by Maquet Cardiovascular. Case settled favorably for client.
Certain Liquid Crystal Display Modules, Products Containing Same, and Methods for Using the Same (337-TA-634)
Represented respondent Samsung Electronics against patent infringement claims brought by Sharp accusing Samsung's LCD products.
Certain Computer Products, Computer Components and Products Containing Same (337-TA-628)
Represented respondent ASUS against IBM in investigation concerning products implementing power supplies, variable speed fans, and Network Address Port Translation. ASUS prevailed on all claims after full hearing on merits. The ALJ’s decision was affirmed by the Commission.
Certain Noise Canceling Headphones (337-TA-626)
Represented complainant Bose enforcing active noise-cancelling headphone patents against seven respondents. Case settled favorably just prior to trial.
Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same (337-TA-621)
Representing Micronics Japan in multi-patent investigation brought by FormFactor concerning probe cards for testing semiconductor wafers.
Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same (337-TA-619)
Represented respondents Kingston Technology Company and Phison Electronics Corp. in a patent case involving flash memory devices. Final determination of no infringement.
Certain Nitrile Gloves (337-TA-608)
Represented respondent Cypress Medical Products against Tillotson in a patent case relating to nitrile rubber gloves for hand protection. Complaint withdrawn as to Cypress Medical Products.
Certain Semiconductor Devices, DMA Systems, and Products Containing Same (337-TA-607)
Represented complainant Samsung Electronics against Renesas Technology in a patent case relating to semiconductors and DMA systems. Case settled after trial.
Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof (337-TA-604)
Represented respondent JK Sucralose in case involving artificial sweeteners. After a full hearing, no violation was found.
Certain Rechargeable Lithium-Ion Batteries, Components Thereof, and Products Containing Same (337-TA-600)
Represented complainant 3M and 3M Innovative Properties in a case against Sony involving lithium-ion battery cathode technology. Case settled favorably.
Certain Unified Communications Systems, Products and Components Thereof (337-TA-598)
Represented complainant Microsoft against Alcatel-Lucent in a case related to computer telephony and unified messaging. The Administrative Law Judge found infringement and validity.
Certain NAND Flash Memory Devices and Components Thereof (337-TA-592)
Represented respondent Hynix Semiconductor. Case settled favorably.
Certain Dynamic Random Access Memory Devices and Products Containing Same (337-TA-595)
Defended Samsung Electronics against patent infringement claims brought by Renesas Technology accusing Samsung’s DRAM products. Case settled after trial.
Certain Peripheral Devices and Components Thereof and Products Containing the Same (337-TA-580)
Represented complainant Microsoft in a case relating to peripheral devices. Case settled favorably.
Certain Inkjet Ink Supplies and Components Thereof (337-TA-581)
Represented complainant Hewlett-Packard in an investigation against Ninestar Technology. Case settled favorably.
Certain Foam Footwear (337-TA-567)
Represented respondent footwear manufacturer Cheng’s Enterprises in patent-based unfair importation action brought by Crocs. Case dismissed.
Certain Flash Memory Devices and Components Thereof, and Products Containing Such Devices and Components (337-TA-552)
Defended patent infringement action on behalf of Hynix Semiconductor against Toshiba relating to flash memory products. After a full hearing, no violation was found.
Certain Power Supply Controllers and Products Containing Same (337-TA-541)
Represented complainant Power Integrations against System General relating to power supply controllers.
Certain Baseband Processor Chips & Chipsets (337-TA-543)
Represented LG Electronics as intervenor in a patent case brought by Broadcom against Qualcomm accusing Qualcomm's baseband processor chips, which are components used in LG's cellular telephone handsets.
Certain Network Controllers and Products Containing Same (337-TA-531)
Represented Marvell Semiconductor against Realtek Semiconductor in a patent infringement action relating to gigabit ethernet network controllers. Case settled favorably.
Certain Point of Sale Terminals and Components Thereof (337-TA-524)
Defended patent infringement action on behalf of Ingenico against Verve relating to point-of-sale devices. Obtained termination of investigation before hearing.
Certain Disc Drivers, Components Thereof, and Products Containing Same (337-TA-516)
Represented complainant Seagate Technology against Cornice alleging infringement of seven patents relating to disc drive apparatuses and magnetic recording media. Cornice agreed to cease import of named products after first day of trial.
Certain Light-Emitting Diodes and Products Containing the Same (337-TA-512)
Prosecuted patent infringement action on behalf of German companies Osram and Osram Opto Semiconductors against Malaysian company Dominant Semiconductors relating to light emitting diodes (LEDs). Nine patents found valid and infringed. Successfully obtained infringement finding against all accused products in the complaint. Obtained exclusion order against relevant LEDs.
Certain Signature Capture Transaction Devices and Component Parts Thereof, and Systems that Employ Such Devices (337-TA-504)
Defended patent infringement action on behalf of Ingenico against NCR relating to electronic signature capture technology. Obtained favorable settlement.
Certain Display Controllers and Products Containing Same (337-TA-491)
Prosecuted patent infringement action on behalf of Genesis Microchip against Media Reality Technologies and Trumpion Microelectronics relating to display controller technology. Obtained exclusion order against accused products.