Re: ITC DATES, Sorry no Golf,Tennis,or the Beach..lol
in response to
by
posted on
Nov 28, 2013 07:14AM
Oh, and the questions are.
In connection with its review, the parties are requested to brief their positions on the
following questions:
1. With respect to the Accused Products using so-called “current-starved
technology,” specifically identify which accused chips are implicated, cite to the
relevant evidence in the record, and discuss whether those products satisfy the
“entire oscillator” limitation of claims 6 and 13 of the ’336 patent.
2. With respect to Complainants’ alleged licensed-based domestic industry, is there
a continuing revenue stream from the existing licenses and is the licensing
program ongoing? If the licensing program is ongoing, which complainant(s)
is/are investing in the program and what is the nature (not amounts) of those
investments?
3. Please describe the claimed expenditures for patent prosecution and litigation and
explain how they relate to Complainants’ domestic industry in licensing the ’336
patent. Please provide an estimate of the proportion of the total claimed
investments in licensing the ‘336 patent accounted for by the claimed patent
prosecution and litigation expenditures.
4. Discuss, in light of the statutory language, legislative history, the Commission 's
prior decisions, and relevant court decisions, including InterDigital
Communications, LLC v. ITC, 690 F.3d 1318 (Fed. Cir. 2012), 707 F.3d 1295
(Fed. Cir. 2013) and Microsoft Corp. v. ITC, Nos. 2012-1445 & -1535, 2013 WL
5479876 (Fed. Cir. Oct. 3, 2013), whether establishing a domestic industry based
on licensing under 19 U.S.C. § 1337(a)(3)(C) requires proof of “articles protected
by the patent” ( i.e., a technical prong). Assuming that is so, please identify and
describe the evidence in the record that establishes articles protected by the
asserted patents.
4 The parties have been invited to brief only the discrete issues described above, with
reference to the applicable law and evidentiary record. The parties are not to brief other issues