• ALJ Charneski Sets Procedural Schedule In Certain GPS Devices (337-TA-602)
  • September 22, 2010 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On September 17, 2010, ALJ Carl C. Charneski issued Order No. 6 setting the procedural schedule in the modification proceeding in Certain GPS Devices and Products Containing Same (Inv. No. 337-TA-602).

    By way of background, the Complainants in the underlying investigation were Broadcom Corp. and Global Locate, Inc. (collectively, the “Complainants”).  The Respondents were SiRF Technology, Inc., E-TEN Corp., Pharos Science & Applications, Inc., MiTAC International Corporation, and Mio Technology Limited (collectively, the “Respondents”).  On January 15, 2009, the ITC found a violation of Section 337 by the Respondents and issued a limited exclusion order (“LEO”) and several cease and desist orders.  The ITC’s final determination was appealed to the Federal Circuit and the court affirmed the ITC’s findings.  On April 22, 2010, the Respondents filed a petition seeking modification of the ITC’s LEO and cease and desist orders pursuant to Commission Rule 210.76.  On May 10, 2010, the Complainants also filed a petition seeking modification of the ITC’s remedial orders.  On August 16, 2010, the ITC issued a notice of institution of modification proceedings.  In the notice, the ITC determined that the “Respondents’ petition complies with 19 U.S.C. 19 U.S.C. § 1337(k)(2) and 19 C.F.R. § 210.76(a), but that Complainants’ petition does not.”

    In Order No. 6, ALJ Charneski set the procedural schedule for the modification proceeding, including a January 25, 2011 start date for the evidentiary hearing and a May 16, 2011 due date for the recommended determination.