On September 21, 2011, ALJ E. James Gildea issued the public versions of Order Nos. 40, 42, and 43 in Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same (Inv. No. 337-TA-773). 

In Order No. 40, ALJ Gildea granted a joint motion filed by Complainant Ogma, LLC (“Ogma”) and Respondent Performance Designed Products LLC (“PPD”) to terminate the investigation based on indirect license agreements with nonparty RPX Corporation (“RPX”).  According to the Order, PDP executed a Membership and License Agreement with RPX, and RPX is a licensee of the asserted patents.  After reviewing the confidential and non-confidential versions of the agreements, ALJ Gildea granted the joint motion filed by Ogma and PDP. 

In Order No. 42, ALJ Gildea granted a joint motion filed by Ogma and Respondent Supersonic, Inc. (“Supersonic”) to terminate the investigation based on a settlement agreement.  After reviewing the confidential and non-confidential versions of the agreement, ALJ Gildea granted the joint motion filed by Ogma and Supersonic. 

In Order No. 43, ALJ Gildea granted a joint filed by Ogma and Respondents Canon, Inc. and Canon USA, Inc. (collectively, “Canon”) to terminate Canon based on Ogma’s withdrawal of the allegations in the Complaint relating to Canon.  Specifically, ALJ Gildea noted that Ogma is withdrawing its allegations as to Canon because of “representations from Canon concerning the source and quantities of the products accused of infringing U.S. Patent No. 5,825,427.”

The Investigation remains pending against several other Respondents.