• ALJ Essex Denies Motions For Summary Determination In Certain Devices For Improving Uniformity Used In A Backlight Module (337-TA-805)
  • August 2, 2012 | Authors: John F. Presper; Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On July 19, 2012, ALJ Theodore R. Essex issued Order No. 20 in Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing Same (Inv. No. 337-TA-805).

    According to the Order, complainants Industrial Technology Research Institute and ITRI International (collectively, “ITRI”) moved for summary determination that the economic prong of the domestic industry requirement was satisfied.  Respondents LG Electronics, Inc., LG Electronics U.S.A., Inc., LG Display Co., Ltd. and LG Display America, Inc. (collectively, “LG”) and the Commission Investigative Staff (“OUII”) opposed the motion.  ALJ Essex found that issues of law and material fact exist that prevent a finding of summary determination in lieu of a hearing on the merits and denied the motion.

    ITRI also moved for summary determination of inequitable conduct, which LG opposed.  ALJ Essex again found that issues of law and material fact exist that prevent a finding of summary determination in lieu of a hearing on the merits and denied the motion.

    Finally, LG moved for summary determination of non-infringement, which ITRI opposed.  Again finding issues of law and material fact that prevent a finding of summary determination, ALJ Essex denied the motion.